Mook v. Weaver Bros., 5531.

• Court: U.S. Court of Appeals — District of Columbia Circuit
• Writing for the Court: MARTIN, Justice, and HITZ and GRONER, Associate Justices
• Citation: Mook v. Weaver Bros., 59 F.2d 1028, 61 App. D.C. 214 (D.C. Cir. 1932)
• Decision Date: 27 June 1932
• Docket Number: No. 5531.,5531.
• Parties: MOOK v. WEAVER BROS., Inc., et al.

61 App. DC 214, 59 F.2d 1028 (1932)

MOOK v. WEAVER BROS., Inc., et al.

No. 5531.

Court of Appeals of the District of Columbia.

Argued June 2, 1932.

Decided June 27, 1932.

James A. O'Shea, John H. Burnett, and Alfred Goldstein, all of Washington, D. C., for appellant.

Paul E. Lesh and Arthur G. Nichols, Jr., both of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and HITZ and GRONER, Associate Justices.

MARTIN, Chief Justice.

An appeal from a judgment entered on the pleadings.

The appellant, Kurt L. Mook, as plaintiff below, filed an amended declaration setting out that he was the lessee under a duly executed lease of a certain storeroom in a building situate in the District of Columbia, for a term of four years beginning with January 15, 1928, and conducted therein a delicatessen store, for the sale of canned and fresh vegetables, fruits, salads, fish, milk, bread, baked and boiled meats, bottled delicacies, and various similar articles such as are commonly sold in a delicatessen store; that there were three other storerooms in the same premises, and it was stipulated in plaintiff's lease that no sandwich shop, restaurant, drug store, delicatessen store, or soda fountain should be permitted by the landlord in any of the three other storerooms during the period of plaintiff's lease; that, notwithstanding its duty to observe this prohibition, the defendant, as irrevocably appointed rental agent for the premises, leased two of the remaining storerooms to the Great Atlantic & Pacific Tea Company, and placed them in possession as tenants thereof; that this company, while not conducting or operating a business known as, and called, a delicatessen store, nevertheless dealt in goods, wares, and merchandise similar to such as plaintiff dealt in, and moreover was a cut-price store selling such goods at lower prices than those of plaintiff; that plai...