Rolando v. Zesch

TOMEN, District Judge.

Why the pleader should allege only a part of the “covenant,” the promise to pay, without following the recitals in the lease, and showing that the defendants, lessees, were entitled to a “remittance” of, say, one-half of the amount, we can only conjecture. The provision for this payment, with its partial future remittance, immediately followed the promise to pay at a future date, $1,500 as a penalty or possible liquidated damages, in case of the breach of the covenants to mine in 1926. Is it not therefore likely that the promise to pay the $2,000 was also contingent upon…