UNITED STATES v. TOULMIN

No. 13704.

253 F.2d 347 (1958)

UNITED STATES, Appellant, v. Harry A. TOULMIN, Jr., Individually, Harry A. Toulmin, Jr., as Trustee of the Estate of Harry A. Toulmin, Sr., Deceased, Harry A. Toulmin, Jr., as Administrator of the Estate of Rosamond Toulmin, Deceased, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 23, 1958.


Attorney(s) appearing for the Case

Mr. Bernard Cedarbaum, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, and Messrs. Oliver Gasch, U. S. Atty., and Melvin Richter, Atty., Dept. of Justice, were on the brief, for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellant.

Mr. John L. Hamilton, Washington, D. C., with whom Mr. George E. Hamilton, Washington, D. C., was on the brief, for appellees.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.


WASHINGTON, Circuit Judge.

This is an appeal in a suit for damages by a tenant, based on a provision in a lease prohibiting the subletting or assigning thereof without the landlord's consent, with the further provision that the landlord would not withhold his consent unreasonably. After a full hearing on the merits, the District Court found that the landlord (defendant-appellee Toulmin) did not act unreasonably in declining to consent to the proposed sublease and...

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