Sutcliffe Storage & Warehouse Co. v. United States,

162 F.2d 849 (1st Cir. 1947)

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Nature of the Case

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Facts

Sutcliffe (P) leased premises to the U.S. Navy (D) for a series of periods starting in 1942. The Navy occupied and used a greater area than was designated in the lease and D sued for the reasonable value of the extra use. D filed four separate causes of action corresponding the periods of time for the lease of the same building at the same rates. The Tucker Act limited claims to $10,000 and claims for greater amounts must be tried in Washington and P wanted to sue in a local court. D asserted the general rule for splitting causes of action in that the existence of separate renewal leases for the adjoining premises does not affect the nature of P's claim. D claimed that the areas were included in the leases and that if not the contract should be reformed to include them. D answered the last three actions with a separate defense of pendency. Those three cases were dismissed. P appealed.