New Chester Theatre Corp. v. Bischoff

Present — Kelly, P. J., Rich, Jay cox, Manning and Kapper, JJ.

The following is the opinion of the court below:

Cropsey, J.:

Plaintiff’s assignor made a contract with the defendant by which the latter agreed to build a moving picture theatre according to certain plans and specifications and then lease it to the former for a term of fifteen years. The agreement provided that it might be assigned to a corporation to be formed, and thereafter it was assigned to the plaintiff. By the agreement the lease was not to be entered into until the building was fully completed, and it was expressly agreed…