Elbe File & Binder Co. v. City of Fall River

In this action the plaintiff seeks to recover for failure of the defendant to perform its covenants to make certain repairs and improvements in a building of the “Cornell Mills,” the second and third floors of which, with appurtenances, were purportedly leased by the defendant to the plaintiff by an indenture of lease, dated October 20, 1939, and containing also a covenant to convey the entire property to the plaintiff at the end of the term. The case was heard by an auditor whose findings of fact were to be final. Upon the coming in of the auditor’s final report the judge denied a motion of…