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FIRST NATIONAL REALTY CORPORATION v. BELL

No. 2903.

177 A.2d 888 (1962)

FIRST NATIONAL REALTY CORPORATION, Appellant, v. Alfred H. BELL, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided February 13, 1962.

Attorney(s) appearing for the Case

Paul H. Mannes, Washington, D. C., with whom William A. Mann, Washington, D. C., was on the brief, for appellant. Sheldon E. Bernstein, Washington, D. C., also entered an appearance for appellant.

Stephen Bienieck, Washington, D. C., for appellee.

Before QUINN, Associate Judge, CAYTON, Chief Judge, Retired) sitting by designation under Code § 11-776(b) and MYERS, Associate Judge of The Municipal Court for the District of Columbia, sitting by designation.

CAYTON, Judge.

In this action against a lessee for breach of a covenant to repair and for waste, the trial court ruled that plaintiff failed to prove a prima facie case and found for defendant.

It was admitted that defendant had leased dwelling property in October 1956 for one year and had remained in possession and paid rent under the terms of the expired lease; also that he covenanted to surrender the premises at the expiration of his tenancy "in good order...

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