AUGUSTUS N. HAND, District Judge.
The referee refused to allow the receiver to set off the rent of the premises which he occupied against a deposit of $751, held by the landlord and made by the bankrupt to secure the performance of the lease. That instrument provided:
"In the event, however, that the lessee shall be dispossessed from, or shall vacate or abandon, the premises, or shall fail, neglect, or omit at any time during the said term to perform and fulfill...
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