Schwartz v. Westbrook

Plaintiff (appellee) sued defendant (appellant) for specific performance of a contract of lease, or, in lieu of specific per-, formance, for damages arising from breach of the contract. The case by stipulation was tried to the judge without a jury, and recovery was allowed jn the sum of $2,760, with interest and costs.

The court found as a fact that on February 4, 1941, the parties entered into a written ten-year lease, by the terms of which defendant was to erect and construct a building for use as a restaurant on certain property belonging to him in the District of Columbia, and to have the…