Burner v. Higman & Skinner Co.

Sherwin, J.—

This is the second appeal in this case. The opinion on the first appeal will be found in 127 Iowa, 580, where a full statement of' the facts will be found, and we need not repeat them. On the second trial there was a judgment against Higman & Skinner Company and James P. and T. S. Martin, and the Martins alone appeal. The lease from the Martins to Higman & Skinner Company contained this clause: “ And it is further covenanted and agreed by the parties aforesaid that said lessee to have the right in common with other tenants of said building to the use of the said freight elevator…