Automobile Supply Co. v. Scene-in-Action Corp.

Automobile Supply Company (ASC) (plaintiff) failed to provide heat to office space it leased to Scene-in-Action Corporation (defendant) for much of the winter of 1927-28, despite repeated complaints. Scene-in-Action gave notice on February 20, 1928, that it would vacate on April 30, 1928, roughly five months before the lease's scheduled September 30 termination, and it did vacate on that date, with its last documented heat complaint on April 9. ASC sued for the final five months' rent; the trial and appellate courts ruled for ASC, and Scene-in-Action appealed.