McDonald v. Tree

Mt?.. Justice Gary

delivered the opinion of the Court.

This isa,n action upon a guaranty by the appellant of the performance by the lessees and their assigns, of all the covenants to be performed by the lessess, contained in a lease in which the appellees were lessors.

The premises were eighty acres of ground expressed in the lease “ to be used for a trotting park or race course, and the holding of exhibitions of like character, and for no other purpose or purposes;” and the lessees covenanted that they would “ not use or suffer to be used the said premises, or any part thereof, for any illegal…