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WEIN v. ARLEN'S

No. 4262.

98 N.H. 487 (1954)

RUBIN WEIN v. ARLEN'S, INC.

Supreme Court of New Hampshire.

Decided March 2, 1954.

Attorney(s) appearing for the Case

Normandin & Normandin (Mr. F. A. Normandin orally), for the plaintiff.

Burns, Calderwood & Bryant and Robert E. Hinchey (Mr. Hinchey orally), for the defendant.

LAMPRON, J.

Under the terms of the lease the landlord was given the option to repossess the premises if the lessee was declared bankrupt or insolvent or made an assignment for the benefit of its creditors. If he exercised this option in the event of bankruptcy, there being no covenant in the lease for the recovery of damages on such exercise, his so doing would terminate all of the mutual obligations of the parties and plaintiff...

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