Fifteenth Street Inv. Co. v. Nicholas

SYMES, District Judge.

This cause was tried to the court without a jury upon an agreed stipulation of facts.

About March 1, 1929 the plaintiff leased to the Mountain States Theatre Corporation a parcel of real estate in Denver, owned by it, for 25 years at a fixed rental, and agreed to expend $262,500, including architect’s fees, in the erection of a theatre building, plans and specifications for which were furnished by the lessee. The latter under the lease had the option to make additions and alterations, etc., to the building and pay the cost thereof. Accordingly the plaintiff expended its…