ELECTRIC APPLIANCE CO. v. ELLIS

No. 3213.

4 F.2d 108 (1925)

ELECTRIC APPLIANCE CO. v. ELLIS. In re GRAEBING DRUG & DISTRIBUTING CO.

Circuit Court of Appeals, Third Circuit.

February 9, 1925.


Attorney(s) appearing for the Case

Calvert, Thompson & Wilson, of Pittsburgh, Pa., for appellant.

Mellvain, Murphy & Mohn and Ben Paul Brasley, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

The case concerns a claim for rent for an entire term, which by the lease became due in advance by reason of bankruptcy. Instead of standing on his rights, the landlord, after the bankruptcy, took possession of the premises under the following circumstances:

Following bankruptcy, the trustee notified the landlord he elected not to continue in possession, and tendered possession. The landlord thereupon wrote the trustee that he "will...

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