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Contracts Keyed to Barnett
Goldberg 168-05 Corp. v. Levy
Citation:170 Misc. 292, 9 N.Y.S.2d 304 (N.Y. Sup. Ct. 1938)
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Goldberg was assigned a lease for an annual rent of $13,800 plus 10% of profits from business conducted on the leased premises. The lease contained a condition that the tenant could cancel the lease if the total gross sales for any one calendar year did not meet $101,000. The lease was set to expire September 30, 1938.
Levy took possession of the premises under the lease on October 10, 1929 and permitted Crawford Clothes to provide a retail men’s clothing business on the premises. Levy then allegedly mismanaged funds to force the total gross sales to fall below $101,000 so that he could cancel the lease.
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