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RICABY v. McCRORY STORES CORPORATION

No. 5384.

35 F.2d 14 (1929)

RICABY et al. v. McCRORY STORES CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

October 12, 1929.

Attorney(s) appearing for the Case

Frank M. Cobourn and Geo. D. Welles, both of Toledo, Ohio (Frank S. Lewis, Robert Newbegin, Tracy, Chapman & Welles, and Doyle & Lewis, all of Toledo, Ohio, on the brief), for appellants.

H. W. Fraser, of Toledo, Ohio (E. H. Rhoades, Jr., H. G. Wall, Fraser, Hiett, Wall & Effler and Rhoades & Rhoades, all of Toledo, Ohio, on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge (after stating the case).

The first portion of clause 8 gave to Ricaby an option, which might be of little or of great value, according to Ricaby's success in making a bargain with Lamson, in a situation where neither was under any legal compulsion to agree. For extreme example, if Ricaby could secure the surrender of the Lamson lease January 1, 1928, so as to put McCrory in immediate possession, the increased rental for the remainder of the...

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