In re Louis K. Liggett Co.

KNOX, District Judge.

This matter is before the court upon petition to review the order of a referee in bankruptcy which disallowed the claim of a landlord for damages for the breach of the covenant of a bankrupt lessee to restore a wall of the building on the demised premises. The lease' containing the covenant was made upon June 12,1931, and the term was to extend for a period of fifteen years, beginning April 1, 1933. The restoration of the wall was to be made prior to the end of the term.

Paragraph twenty-third of the lease reads, in part, as follows: “Tenant further covenants that if it…