Hawes v. Starliper

The opinion of the court was delivered by

Burch, J.:

The action was one by a purchaser of land to recover possession from a tenant under a lease providing for surrender in case of sale. Judgment was rendered for defendant, and plaintiff appeals.

The lease was for a term of five years, beginning August 1, 1925, and contained the following provision:

“This lease is made subject to the sale of the premises, and in case of a sale, the purchaser desiring possession, the lessor or purchaser will be entitled to possession on these terms: Where the land is rented for a money rental, *151by returning to the…