Rose v. Haverty Furniture Co.

FOSTER, Circuit Judge.

Defendant in error, a Texas corporation, plaintiff below, hereafter referred to as plaintiff, is engaged in the retail furniture business in Dallas, Tex., but has fits headquarters in Atlanta, Ga., where its returns for federal taxes are made. In February, 1920, it leased a new store in Dallas for a period of 10 years, from January 1, 1921. By the terms of the lease it was given permission to make necessary repairs and alterations to the building, and the' lessor was relieved of that obligation, with the proviso that any repairs and alterations made by the lessee should…