Rochester Poster Advertising Co. v. Smithers

The defendant Smithers executed an agreement with the plaintiff for the occupation and use of her lot for advertising display purposes. The document provided for an annual rental of fifteen dollars, and that it should endure for a term of three years with rights of renewal. It is under seal, is admitted to have been executed and delivered by the defendant' Smithers, but is not attested or acknowledged, nor, of course, recorded. Thereafter defendant Smithers sold the lot to defendant Swartz, and about the same time wrote a letter to plaintiff attempting to rescind the contract, to which…