J. A. Greenleaf & Sons Co. v. Free-Andrews Shoe Co.

I fully concur in the result of the foregoing opinion, but not in the line of reasoning by which that result is reached.

One undisputed fact seems to mo to be decisive of the case. By the terms of the lease, the lessor agreed to convey to the lessee, by warranty deed, at any time during the term, the building leased and a specifically described lot of land on which it stands, for the sum of eighty-five hundred dollars. The labor and materials in question were furnished while this contract was in force and unmodified. While the contract to convey the property so remained in force and…