Woollard v. Schaffer Stores Co.

Crapser, J. (dissenting).

The defendant appeals from a judgment entered in the Albany county clerk's office in the plaintiff’s favor in the sum of $7,298.89 and from an order granting plaintiff an extra allowance.

On May 19, 1933, the plaintiff and defendant entered into a written lease for the premises at No. 67 North Pearl street in the city of Albany whereby the entire premises were leased by the plaintiff to the defendant for a term of three years beginning September 1, 1933, and provided for two successive renewal options of seven and five years respectively. The defendant took possession'…