Auswin Realty Corp. v. Kirschbaum

On July 12, 1940, the parties to this proceeding entered into a lease, under seal, which provided for a term of five years from August 1, 1940, to July 31, 1945. The rent reserved was payable in monthly installments in advance on the first day of each month, at the rate of $125 per month during the first year, and at increasing rates during each succeeding year until the last year of the term, during which the monthly rent was $190. The lease further provided that: “ The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not…