Church v. Standard Railroad-Signal Co.

We do not think that the case at bar has been in any respect changed from the situation which obtained when it was before this court on the previous appeal; the opinion then given being reported in 52 App. Div., at page 410, and 65 N. Y. Supp., at page 116. It seems to us that the court below has misapprehended the decision which was then rendered. It was said in that case:

“The defendant was to exercise the option before the expiration of the lease, but it was the ability of the lessor to convey at the .time that the conveyance was to be delivered—namely, March 31, 1899—that was to determine…