Brown v. Irving Trust Co.

L. HAND, Circuit Judge.

This ease is governed by the case of Manhattan Properties, Inc., v. Irving Trust Co., Trustee, 66 F.(2d) 470, handed down herewith, if the covenant in the lease is in substance the same. For this reason we confine ourselves to its consideration. The lease gave the lessor a right of re-entry upon breach of any of the covenants contained, or in case the term was seized on execution, or that the lesseo was adjudicated, or had assigned for the benefit of creditors. The lessee’s covenant in case of re-entry for any reason was that “it will indemnify the Lessor against all…