SALMON v. USHER


278 A.D. 611 (1951)

Joe Salmon, Appellant, v. Frank S. Usher et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


The lease described in the complaint and any right of renewal had expired and become academic before this action was commenced. A judgment annulling it would be futile, assuming it was beyond the power of the corporation or the authority of the president to have made the lease. We agree with the view taken by the Official Referee on the merits, however, that the corporation had the power as an incident to its main business to rent for reasonable periods portions of its real...

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