Hecklau v. Hauser

The opinion of the court was delivered by

Fort, J.

By the terms of the lease in this case, $285 was deposited by the plaintiff with the defendant, upon the fol*479lowing condition: “In consideration of the making' of the within lease by the said party of the first part to the said party of the second part, the said party of the second part has deposited with the party of the first part the sum of two hundred and eightj'-five dollars, the receipt whereof is hereby acknowledged, as guarantee and forfeit for the due performance of the conditions of the within lease, which sum is to be applied first to…