Lalekos v. Manset Et Al‪.‬

CLAGETT, Associate Judge. Plaintiffs, appellees here, brought a suit against defendant for the possession of a commercial building for non-payment of rent totaling $600. Defendant appeals from a directed verdict in favor of plaintiffs. The facts, so far as they concern this appeal, follow. In 1943 plaintiffs leased the building in question to one Sheris for a term ending in 1948 at a monthly rental of $150. Sheris took possession of the entire premises and operated a restaurant on the first floor. Shortly thereafter, he sublet the second and third floors to one Weber for the balance of the term at a monthly rental of $50. In late 1944 Sheris surrendered the premises to plaintiffs. During this time, and up to the present, Weber has remained in possession of the second and third floors under his sublease which runs until 1948; but he has not paid rent. On or about February 1, 1945, plaintiffs leased the entire premises to defendant's husband, and another, for a five-year term at a monthly rental of $150. Two months' rent was paid under this lease. On March 21, 1945, plaintiffs entered into a new lease with defendant to run five years from February 15, 1945, at the same rental. Defendant was given credit for the two months' rent paid by her husband under the prior lease. Neither plaintiffs' lease to Sheris nor Sheris' sublease to Weber has ever been assigned to defendant. Defendant's husband (and later defendant) entered into possession of the first floor restaurant. Defendant has paid no rent to plaintiffs since April 15, 1945. She has offered, and still offers, to pay $100 per month for the part of the premises occupied by her. This represents the difference between the $150 she contracted to pay for the entire building and the $50 Weber contracted to pay for the second and third floors. This offer plaintiffs refused. Claiming they were entitled to the entire rent contracted for, plaintiffs sued defendant for possession of the entire building.