Bailey v. Lightwell Steel Sash Co.

The Chancellor.

The company had leased land and buildings at a fixed sum as annual rental payable in equal monthly portions. The lessee agreed to maintain the premises in good order and repair at its own expense, and on failure to do so the *61lessor could collect the cost thereof from the lessee. A claim was filed by the lessor for the cost of repairs which were necessary, and which the lessee had not made, and it was also claimed that the claim was entitled to priority and preference as though it were rent.

There was also a provision in the lease by which the lessor agreed to érect on the…