Cowell v. Lumley

On .the 1st day of April, 1863, the respondent leased to the appellant a water lot in San Francisco, capped and piled, but not then otherwise improved. The indenture of lease, interchangeably executed, contains the usual clauses fixing the duration of the term (which was five years from its commencement), reserving a monthly rent (which the appellant expressly covenanted to pay at stated periods of time), and is otherwise in the customary form, except that it contains a special covenant in the following words: “And the said party of the first part doth hereby covenant and agree to and with…