Curtis v. Hartford Accident & Indemnity Co.

In March, 1947, plaintiffs leased a restaurant with fixtures and equipment to the personal defendants for 5 years. The lease contained a provision permitting cancellation and termination by lessees upon 90 days’ notice. It also provided that lessees should furnish a $5,000 surety bond running to lessors, guaranteeing return of the property to them in like condition as when taken, reasonable wear excepted. Such a bond, so conditioned, was given by lessees, with defendant surety company as surety thereon.

One of plaintiffs testified at one time that in October, 1948, and at another time that it…