Standard Sav. Bank v. Stone

• Decision Date: 01 May 1922
• Docket Number: 3735.
• Parties: STANDARD SAV. BANK v. STONE et al.
• Court: U.S. Court of Appeals — District of Columbia Circuit

280 F. 1016

STANDARD SAV. BANK v. STONE et al.

No. 3735.

United States Court of Appeals, District of Columbia.

May 1, 1922

Submitted April 6, 1922.

Appeal from the Supreme Court of the District of Columbia.

William E. Richardson, of Washington, D.C., for appellant.

George E. Sullivan, of Washington, D.C., for appellees.

VAN ORSDEL, Associate Justice.

This appeal is from the judgment of the Supreme Court of the District of Columbia, entered upon a demurrer to the plaintiff's second amended declaration.

The facts alleged in the first count are that defendants on June 24, 1920, executed a special warranty deed to plaintiff bank for certain real estate situated in this District; that defendants did not keep and perform the covenant of warranty in that a portion of the premises was at the time leased to one Chakalakis, with whom it is alleged defendants had made a verbal agreement in November, 1919, giving Chakalakis a 5-year lease on the premises, in consideration that Chakalakis would pay an increased rent, which he paid on the 1st day of December, 1919. It is further alleged that plaintiff notified the defendants of the claim asserted by Chakalakis, but that defendants refused to settle or adjust the matter; that Chakalakis filed a suit in equity to prevent any interference with said property, as a result of which plaintiff was temporarily enjoined by the Supreme Court of the District of Columbia from interfering with the possession of said premises, as a result of which plaintiff was compelled to pay Chakalakis, to secure possession of the premises, the sum of $2,500.

It is also alleged that another portion of the premises was occupied by one Goodacre under similar circumstances and conditions, except that no suit was filed, and that plaintiff, to secure possession of this portion of the property, was required to pay Goodacre the sum of $3,000.

The second count of the declaration set forth the contract of sale between plaintiff and defendants, the existing tenancy at the time of making said sale, and that defendants knew that the property was purchased by the plaintiff for the purpose of remodeling the first floor for banking purposes consisting principally of the two storerooms then occupied by Goodacre and Chakalakis. The remaining allegations are substantially the same as in the first count. Plaintiff prayed judgment for $5,500, with interest and costs.

The estates claimed by the...