Kerr Glass Manufacturing Corp. v. Elizabeth Arden Sales Corp.

DRAPEAU, J. pro tem.

Plaintiff and defendant executed an instrument in writing which they denominated a lease of real property. With one exception it is definite and certain as to terms, description of premises, quiet enjoyment, remedies upon default, rental, and all other usual and necessary parts of a lease.

The controversy here involved revolves around the agreement of the plaintiff to erect a building upon the demised premises to be rented in part by the. defendant. Therefore, that part of the lease is as follows :

“Lessor covenants and agrees that, upon the execution of this lease, it will…