Spencer v. BOARD OF EDUC., SCH. DIST. NO. 6, HAWORTH

The sole question presented in this case is whether a provision in a lease made by a landowner to a school district, providing that upon the failure or refusal of the school district to have school on the leased premises, the land itself together with all improvements thereon should revert to the lessor, is valid. The trial court held that the lease contract, in so far as this provision was involved, was null and void, and refused to enjoin the school district from removing the buildings erected thereon from the premises. The landowner appeals.

From the record and stipulations of the parties…