155 F.2d 977 | 1st Cir. | 1946
This is an appeal from the final judgment of condemnation by the District Court. On. April 28, 1942, the United States instituted; proceedings to condemn for a term of years.
No evidence was introduced to show whether the appellant was under a continuing obligation to pay rent.
United States v. General Motors Corporation, 1945, 323 U.S. 373, 65 S.Ct. 357, 89 L.Ed. 311, 156 A.L.R. 390 cited by appellant, is not in point. In that case the tenant was under a continuing obligation to pay rent
There was no error in the instructions of the court below.
The judgment of the District Court is affirmed.
Evidence has been submitted to us on appeal tending to show an arrangement by the lessor with the United States whereby the appellant is probably relieved of this obligation to pay rent. We do not, however, place any reliance on this evidence since it was not introduced in the court below.
See Mr. Justice Douglas’ concurring opinion at page 385 of 323 U.S.