Phillbrook v. Emswiler

The contention of the appellant is that he is entitled to recover for repairs placed upon property demised to him by Oran Huntington, since deceased, whose estate is now represented by the appellee as trustee. The position of appellant rests upon the assumption that the lease executed to him was preceded by a written proposition, submitted by his assignees and accepted by the lessor, wherein the lessor bound himself to make repairs. The validity of this assumption is contested by the appellee, who contends that the lease is a complete contract, merging all preliminary propositions and…