Branhill Realty Co. v. Montgomery Ward & Co.

SWAN, Circuit Judga

The parties to this litigation entered into an agreement for a lease. The agreement bound the plaintiff to erect a building upon a tract of land which it owned in Jamaiea, Long Island, and to lease a portion of such building to the defendant upon specified terms; it bound the defendant to take a lease of the premises upon those terms; and each party agreed to execute a formal instrument of lease when the same should be prepared. The complaint alleges the making of the contract, the preparation of a formal lease in accordance with the agreed terms, the plaintiff’s execution…