Ehrhart v. Frances Hat Shop, Inc.

Plaintiff, a former tenant of defendant, sues to recover a sum of money deposited under the lease “ as security for the full and faithful performance by the tenant of all the terms, covenants and conditions upon the tenant’s part to be performed, which said sum shall be returned to the tenant after the time fixed as the expiration of the term herein, provided the tenant has fully and faithfully carried out the terms, covenants and conditions on his part to be performed.”k

*51Plaintiff’s allegation of performance is denied by the answer, which pleads certain defenses and counterclaims. It is not…