Washington Theatre Co. Et Al. v. Marion

BOWEN, Judge. William O. Connors and the Washington Theatre Company, appellants herein, were defendants in the court below in a suit brought by the appellee, Marion Theatre Corporation, to impress a constructive trust upon a certain lease given by the said Washington Theatre Company as lessor to William O. Connors as lessee, and to have the said William O. Connors adjudicated and declared to be a constructive trustee of such lease for the use and benefit of appellee, Marion Theatre Corporation. Both William O. Connors and the Washington Theatre Company separately appealed from the judgment in the court below, and these separate appeals were consolidated in this court. The court below rendered judgment that the appellant, William O. Connors, be declared and held to be a constructive trustee of the lease in question between the Washington Theatre Company as lessor, and William O. Connors as named lessee, and that the appellee, Marion Theatre Corporation, was the sole and absolute owner of such lease. The judgment quieted the title of appellee to such lease against all parties to the action and enjoined appellant, Washington Theatre Company, from recognizing appellant Connors as lessee and enjoined both appellants from interfering with appellee's taking of immediate possession of the premises described in the lease. Appellant Connors was ordered and directed to render a full and complete accounting of all income and receipts from the two theatres covered by the lease from July 1, 1946 and that after deduction of expenses found proper that such funds be turned over to appellee, and that appellant Connors be declared and held to be a constructive trustee of such income for the use and benefit of appellee.