(Essex Circuit Court, Jan., 1922).
Action of Trespass—Lease and Sale of Property—Limitation of Term—Jurisdiction of District Court.
Case of Joseph F. McCann, trading as The McGann Company, against La Brecque Company. Action at law. Trespass.
Mr. Milton M. Ungur for Plaintiff.
Messrs. Burnett, Sorg, Murray & Duncan for Defendant.
(Conclusions).
Dungan, J.: This is an action of trespass brought by the plaintiff against the defendant for the wrongful removal of plaintiffs goods from the defendants premises under the following conditions:
P. Ballentine & Sons, a corporation, demised the premises in question to defendant by lease dated August 1st, 1917, for a term commencing November 1st, 1916, and terminating April 30th, 1926. The lease provided:
It is further understood and agreed between the parties hereto that a sale of the property by the party of the first part shall terminate this lease upon six months written notice to the party of the second part; and, in lieu of compensation, it is hereby agreed that the rent shall be waived during the six months notice to vacate.
By deed dated October 15, 1918, proved October 30, 1918, and recorded October 31, 1918, P. Ballentine & Sons conveyed the premises in question by warranty deed to the plaintiff, subject to the above tenancy. By endorsement dated April 30, 1918, made upon the lease, P. Ballentine & Sons assigned said lease and all of the rights of the lessor thereunder, to the plaintiff.