Hofmeister v. Fitzsimmons

NILES, J.~

The so-called “Agreement” filed with the “Plaintiff’s Exhibit No. 1,” must be held to be, on the facts set out in the bill, a lease for five years.

Am. & Eng. Encyc. Vol. 18, p. 600. People vs. St. Nicholas Bank, 3 App. Div. (N. Y.), 544.

Bradley vs. Met. Music Co., 89 Minn., 516.

*83Feust vs. Craig, 107 N. Y., Supp., 037.

The question then is, can the lessor in this case compel the defaulting lessees who have abandoned the premises to specifically perform the lease.

The bill sets forth facts which pretty clearly indicate that the object for which the lease was made cannot now be…