LOCHNER, RECEIVER v. MARTIN

[No. 92, September Term, 1958.]

218 Md. 519 (1959)

147 A.2d 749

LOCHNER, RECEIVER v. MARTIN ET UX.

Court of Appeals of Maryland.

Decided January 19, 1959.


Attorney(s) appearing for the Case

Austin W. Brizendine and Irving B. Grandberg, for appellant.

Robert R. Bair, with whom were Richard W. Emory and Venable, Baetjer & Howard on the brief, for appellees.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


PRESCOTT, J., delivered the opinion of the Court.

The sole question presented on this appeal is whether landlords may retain the advance payment of rent for the last five months of a five-year lease, where the tenant's use and enjoyment of the premises for the last five months of the term was prevented by the tenant's own default and where the lease contains no provision for a refund in the event of such default.

The...

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