In re Davis

OPINION OF THE COURT BY

PERRY, J.

(Galbraith, J., dissenting.)

On August 4, 1902, tbe Oabu Railway & Land Oo. filed in tbe Circuit Court of tbe First Circuit at Chambers a bill for tbe specific performance of a certain covenant contained in a lease executed February 7, 1895, by J. K. Sumner to 33. F. Dillingham and Mark P. Robinson and subsequently assigned by tbe lessees to tbe Oabu Railway & Land Co. That lease was for ninety-nine years and tbe covenant just mentioned was that Sumner would at any time within tbe term of tbe lease at tbe option and request of tbe lessees or their assigns sell…