[Download] "Psarakis Et Al. v. Dukane" by District of Columbia Court of Appeals. " Book PDF Kindle ePub Free
eBook details
- Title: Psarakis Et Al. v. Dukane
- Author : District of Columbia Court of Appeals.
- Release Date : January 27, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
CAYTON, Chief Judge. Appellants sold a restaurant business to Dukane, Inc., and as part of the transaction leased to Dukane for a ten year period the entire building in which the restaurant was located. The total consideration for the lease was $37,800 payable in monthly installments of $315. The lessee paid such rental for three months and then stopped. Lessors sued for possession for non-payment of two months rent. Lessee defended on the ground that it had entered into the lease on plaintiffs' representation that rentals from two second floor apartments in the building would amount to $130 per month, whereas the maximum rent ceiling fixed thereon by the Rent Administrator amounted to only $75, a difference of $55 per month. Lessee asked the court to reform the lease 'so as to offset the amount of $55.00 per month against the stipulated rental charge of $315.00 per month resulting in a rental charge of $260.00 per month for use of the said premises.' The case was tried without a jury and the trial Judge filed findings of fact and Conclusions of law. He found that the signing of the lease was not based on fraudulent representations by the plaintiffs but that there was a mutual mistake of a material fact as to the amount of rent that could be collected legally for the apartments. He went on to say 'The Municipal Court is unable to rescind or reform this contract because the amount involved in the counterclaim for equitable relief is more than Three Thousand Dollars ($3,000.00).' He ordered judgment for the plaintiffs for possession for non-payment of $520 representing two months rent less a deduction of $55 per month for each of said months. The effect of the judgment was to reduce the monthly rental under the lease from $315 to $260. The case is here on lessors' appeal. The judgment must be reversed on jurisdictional grounds. We think it plain that by its judgment the court below granted reformation of a lease in an amount and to an extent in excess of its jurisdictional limitation of $3000 fixed by Code 1940, Supp. VII, § 11-755.
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