Adrian v. Rabinowitz
Supreme Court of New Jersey
186 A. 29 (1936)
Relevant factsFree
The lessor and lessee signed a lease starting June 15, 1934, for the lessee to run a shoe business, with an express covenant protecting the lessee's right to hold and enjoy the property. The lessor's prior tenant failed to vacate on time, forcing the lessor to go through dispossession proceedings, so the lessee didn't actually take possession until July 9, 1934. The lessee sued for breach, and the trial court awarded him damages for lost profits from unsold seasonal merchandise plus a rent offset for the deprived period.
IssueFree
Whether a landlord is under a duty to put a lessee in both actual and legal possession at the beginning of the leased term.