Boswell v. Merrill

TAPPAAN, J., pro tem.

The defendants had judgment in the court below and plaintiff appeals therefrom. Plaintiff, the owner of a so-called service station, leased the same, together with equipment, to defendants Merrill and Jessup for a term of years. The lessees at the time of the execution of the lease deposited with the lessor a sum equal to the rent for the last three and one-half months of the lease. Among other provisions of the lease was one that provided as follows:

“It is expressly understood and agreed by and between the parties hereto that upon the actual taking or use of any property…