Kuhlemeier v. Lack

*803STEPHENS (Jess E.), J. pro tem.

Appeal from a judgment in favor of plaintiffs for the return of a deposit made by plaintiffs’ predecessor, as lessee, “to guarantee the full and faithful performance of each and every term and condition herein contained incumbent upon the lessee.” Lessee died shortly after taking possession under the lease and plaintiffs succeeded to his interest. Defendant is the lessor in this lease.

The property covered by the ten-year lease consists of a large apartment house with its furnishings, the minimum rental varying from $2,000 to $3,000 per month, with provision in…