RUDKIN, Circuit Judge (after stating the facts as above).
If the $5,000 paid by the lessee at the time of executing the lease was a mere advancement to secure the faithful performance of the covenants of the lease, the lessee or his successor in interest was entitled to a return of the money thus advanced, upon the determination of the lease, less the amount of any rent due and unpaid at the time of such determination. But, if the $5,000 was paid as a consideration...
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