Spacemaker, Inc. v. Borochoff Properties, Inc.

Bell, Presiding Judge.

This action was treated by the parties and the court below as an action for damages for breach of covenants in the lease agreement between plaintiff and defendants. The express covenants upon which recovery is sought were not alleged but were supplied by plaintiff’s introducing into evidence, without objection, the written lease contract. The express covenants provided: “Lessee shall pay water rent for the said premises and all bills for gas, electricity, fuel, light, heat, or power for premises or used by lessee in connection therewith. If lessee does not pay the same,…