NYGARD v. JUNEAU YACHT CLUB

No. A-7098.

126 F.Supp. 535 (1954)

Mrs. Eva NYGARD and Mrs. Margaret Whiteley, Plaintiffs, v. JUNEAU YACHT CLUB, an unincorporated association, Defendant.

District Court, Alaska First Division, Juneau.

December 23, 1954.


Attorney(s) appearing for the Case

William L. Paul, Jr., and John S. Mansuy, Jr., Juneau, Alaska, for plaintiffs.

Norman C. Banfield, of Faulkner, Banfield & Boocheever, Juneau, Alaska, for defendant.


FOLTA, District Judge.

When the plaintiffs rested, the defendant moved to dismiss the complaint on the ground that the notice given by the defendant of the termination of the lease did not constitute constructive eviction.

The plaintiffs leased the premises involved from the defendant for three years. The lease contains an express provision for forfeiture upon breach of the conditions specified. The notice of termination of the lease charges that the plaintiffs...

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