Factory Realty Corp. v. Corbin-Holmes Shoe Co.

This is an action of contract to recover damages for the alleged breach of a covenant by the defendant contained in an instrument under seal which was executed by the parties. The case was referred to an auditor to determine the damages “in the event there should be liability.”

*326Material facts found by the auditor follow. On June 29, 1928, the parties executed the instrument in question which, in substance, provided for the lease and ultimate purchase of a factory building by the defendant from the plaintiff on a deferred payment plan, with the privilege of cancellation of the contract by the…