Jenkins v. Eldredge

STORY, Circuit Justice.

In respect to the first exception of Kimball, it does not strike me, that it is of any importance in the case, whether the paper referred to is to be deemed a present demise, or a contract for a demise. In either case, as to the rent to be paid during the occupation of the premises, by the museum corporation, the asserted lessees, it is to be governed by precisely the same considerations. The original agreement in this case, between Jenkins and Kim-ball, on the first day of May, 1839, is certainly a mere contract for a lease at a future day, viz. when the building shall…