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HOMELITE v. TRYWILK REALTY COMPANY

No. 7917.

272 F.2d 688 (1959)

HOMELITE, a Division of Textron, Inc., a Rhode Island Corporation, Appellant, v. TRYWILK REALTY COMPANY, Inc., a North Carolina Corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 5, 1959.

Attorney(s) appearing for the Case

Ernest S. DeLaney, Jr., Charlotte, N. C. (Bell, Bradley, Gebhardt & DeLaney, Charlotte, N. C., on brief), for appellant.

F. A. McCleneghan, Charlotte, N. C. (Cochran, McCleneghan & Miller, Charlotte, N. C., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and BUTLER, District Judge.

BOREMAN, Circuit Judge.

This was an action instituted by a lessee (Homelite) to rescind, cancel and declare void a lease agreement on the grounds of false and fraudulent representation and to recover special damages incurred by it in preparing the leased premises for lessee's intended uses and purposes. The defendant lessor (Trywilk) counterclaimed for rent due under the lease agreement. The case was heard by the court without a jury and the court concluded that Homelite...

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