Rosen v. Suffin

The lease held by plaintiff from defendant expired, and (in his first cause of action) plaintiff sues to recover the amount of a deposit made by him “ as security for the faithful performance of all terms, covenants and conditions in the (within) lease contained.” The repayment portion of the deposit clause is as follows: “ If, however, all terms, covenants and conditions are fully complied with, then in that event the said security shall be returned to the party of the second part (plaintiff) at the expiration of this lease, with interest thereon at the rate of three per cent per annum.”

The…