7 V.I. 282 | D.V.I. | 1969
OPINION
This is an appeal by the plaintiffs from a judgment of the Municipal Court awarding the defendant, Cargo Services, Inc., judgment against the plaintiffs for the possession
It appears that on January 1, 1966 in connection with the sale of a cargo handling business by Merwin & Co. to Cargo Services, Merwin & Co. leased the warehouse at No. 9 Strand Street to Cargo Services for a term of five years, ending December 31,1970, with a provision that it would be surrendered upon 6 months written notice. On December 8, 1967 Merwin & Co. notified Cargo Services that the lease would be terminated as of June 15, 1968 on which date Cargo Services was requested to surrender possession. However on March 1, 1968 the parties entered into a new lease agreement covering this and other warehouse properties for the period from February 1, 1968 to December 31, 1971 at the same rentals, $525.00 per month in the case of the warehouse here in controversy. Paragraph 6 of this lease agreement provided in pertinent part:
“6. Anything hereinabove to the contrary notwithstanding, it is specifically agreed that the reserved rent for the premises known as #9 Strand Street, Frederiksted, St. Croix, V.I. shall be at the rate of $525.00 per month until June 15, 1968, and shall be subject to renegotiation thereafter as per letter from Lessor to Lessee dated December 8, 1967. It is further agreed that the tenancy of the premises known as #9 Strand Street . . . shall be subject to termination, at any time, at the election of Lessor upon six (6) months written notice to Lessee.”
Taking the position that the lease agreement of March 1, 1968 did not operate to extend the lease of Cargo Services on the 9 Strand Street warehouse beyond June 15, 1968, Merwin & Co. about the 21st of June, 1968 forcibly took possession of the warehouse by breaking a
The judgment of the Municipal Court will be affirmed with costs and an attorney’s fee of $250.00.
The formal judgment entered July 5, 1968 states that “the defendants have judgment against Eobert L. Merwin & Co., Inc.” without specifying for what relief judgment is given. But I read this in the light of Judge Joseph’s oral discussion rendered at the close of the trial on June 28, 1968 that “first of all I give judgment for Cargo Services, Inc., against Robert L. Merwin & Company for possession of the premises located at No. 9 Strand Street”.