The plaintiff tenant brought an action against the defendant landlord for illegal distraint and improper termination of a commercial lease for a restaurant.
The tenant fell into arrears of rent.
The landlord changed the locks, terminating the lease, but simultaneously distrained all of the tenant's newly purchased chattels and equipment, refusing to allow the tenant to remove them.
The court held that while the termination of the lease was lawful due to the arrears, the simultaneous distraint of chattels was illegal, as a landlord cannot both forfeit a lease and distrain chattels at the same time.
The court awarded the tenant damages for conversion of the chattels based on their purchase price, as well as punitive damages due to the landlord's unreasonable and high-handed conduct.
The individual landlord was held jointly and severally liable with his corporation.
