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D. H. OVERMYER WAREHOUSE CO. v. LEHMANN

No. 17668.

396 F.2d 132 (1968)

D. H. OVERMYER WAREHOUSE CO., Inc., Plaintiff-Appellee, v. Robert E. LEHMANN and Fearing, Inc., Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

May 9, 1968.

Attorney(s) appearing for the Case

Robert Dorrell, Toledo, Ohio, Reams, Bretherton & Neipp, Toledo, Ohio, on brief, for appellants.

Russell Morton Brown, Washington, D. C., Brown, Goodpasture & Block, Washington, D. C., Thomas E. Weisenburger, Cline, Bischoff & Cook, Toledo, Ohio, Edmund M. Connery, General Counsel, D. H. Overmyer Warehouse Co., Inc., New York City, on brief, for appellee.

Before O'SULLIVAN and PECK, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Plaintiff sued for damages for breach of contract, claiming that its predecessor and defendant Lehmann entered into a lease agreement, which Lehmann afterward assigned to defendant Fearing, Inc., whereby defendants agreed to build a warehouse and office building in accordance with written plans and specifications, and rent it to the plaintiff for fifteen years, during which plaintiff had the option to buy it.

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