The case involves a breach of lease agreement where the defendant did not provide possession of store premises to the plaintiff on the first day of the term because of the wrongful holdover by the previous tenant. The main max holloway question is whether the lease agreement requires the landlord to provide actual and exclusive possession of the premises to the lessee at the beginning of the term. The court considers whether the English or American rule is best for effectuating the parties' common intention. The case also pertains to the measure and provability of damages for breach of contract.
Adrian v. Rabinowitz (1936)
New Jersey Supreme Court
116 N.J.L. 586
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