Kusmark v. Montgomery Ward & Co.

This action was brought to obtain a judicial interpretation of a lease by which plaintiffs, as landlord, leased real property to defendant, as tenant, for a term of 30 years commencing June 1, 1946. Plaintiffs’ contention is that defendant is obligated to raze the existing building and erect a new building on the premises suitable for its mercantile business. After a court trial in which extrinsic evidence was received, the court gave its judgment declaring that defendant was not obligated to build. Plaintiffs are appealing from that judgment.

The scope of appellate review in this kind of ease…