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Goldberg (P) sued to recover for an alleged breach of a leasehold agreement assigned to him by the original lessor. P's assignor agreed to lease property to Levy (D) for a minimum rent of $13,800 per year and the difference between that sum and 10 percent of the gross receipts of the business, and if the gross was not equal to at least $101,000, then the tenant had the right to cancel the lease. D gave notice in 1937 of his intention to terminate the lease. P claimed damages in the amount of $25,000 because he claimed D deliberately reduced his sales below the $101,000 in order to terminate the lease.

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