Property

Brief

Adrian v. Rabinowitz

Procedural History:

• Trial court for the plaintiff.
  • Awarded lost profits and refund of back rent.
• Appealed.
• Reversed in terms of lost profits.

Facts:

• Defendant leased to the plaintiff certain store premises in the main business district  for six months, commencing on June 15^th.
• At the time of the agreement the premises were tenanted by another. Who failed to vacate by June 15^th.
• Plaintiff was unable to take possession until July 9^th because of the process to remove the previous tenant.

Issue:

• Whether, expressly or by implication, the contract imposed upon the lessor the duty of putting the lessee in actual and exclusive possession of the demised premises at the beginning of the term?

Holding:

• Yes. The lease gave plaintiff the right to take actual possession at that time.
• However damages were assessed wrong because it was fairly inferable that the lessee was engaged in an experimental shoe business that did not prove to be successful. Plaintiff disposed of the business before the short lease was even up.
• Plaintiff never produced any actual evidence of accounting which was requested during trial.