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BRANHILL REALTY CO. v. MONTGOMERY WARD & CO.

No. 320.

60 F.2d 922 (1932)

BRANHILL REALTY CO., Inc., v. MONTGOMERY WARD & CO.

Circuit Court of Appeals, Second Circuit.

July 26, 1932.

Attorney(s) appearing for the Case

Bondy & Schloss, of New York City (Charles H. Tuttle, of New York City, of counsel), for appellant.

White & Case, of New York City (David Paine and Orison S. Marden, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The parties to this litigation entered into an agreement for a lease. The agreement bound the plaintiff to erect a building upon a tract of land which it owned in Jamaica, Long Island, and to lease a portion of such building to the defendant upon specified terms; it bound the defendant to take a lease of the premises upon those terms; and each party agreed to execute a formal instrument of lease when the same should be prepared. The complaint...

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