Cain v. Brown

Epitomized Opinion

By the terms of a lease $750 was deposited by lessee, to secure the payment of rent and to he applied in payment of the last five months rent of the term. Lessor to -pay $37.50 interest per year on same, up and to the (beginning- of the last five month period. The lease was forfeited long before the beginning of the five month period. Lessor contended that the $750 deposited was forfeited and refused to i-efund; lessee brought suit by cross-petition to recover the amount. The Supreme Court held:(1) Where a deposit for security for payment of rent is made and the lessor…