ACKERHALT v. SMITH

No. 2122.

141 A.2d 187 (1958)

Phillip E. ACKERHALT, t/a Colonial Wallpaper & Paint Co., Appellant, v. M. L. SMITH, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided May 12, 1958.


Attorney(s) appearing for the Case

Samuel Intrater, Washington, D. C., with whom Albert Brick, Washington, D. C., was on the brief, for appellant.

Arthur C. Elgin, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


ROVER, Chief Judge.

On August 29, 1952, the parties to this appeal entered into a rental agreement for the lease of a warehouse for a period of four years, effective October 1, 1952. Seven months before the expiration of the lease, defendant vacated the premises and alleged constructive eviction as a defense in this action for rent by the plaintiff lessor.

The lessee's defense was predicated on a written agreement, made by the lessor just prior to the execution...

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