SHULTZ v. IRVING TRUST CO.

No. 99.

74 F.2d 121 (1934)

SHULTZ v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

December 3, 1934.


Attorney(s) appearing for the Case

Charles R. Small, of New York City (Frank P. Woglom, of New York City, of counsel), for appellant.

Cravath, de Gersdorff, Swaine & Wood, of New York City (William D. Whitney, Carl W. Painter, and Frank H. Detweiler, all of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

In November, 1927, the claimant let certain premises in Rome, N. Y., to the bankrupt for a term of fifty years, beginning April 1, 1928. The lessee wished structural changes in, and additions to, the buildings, and the lessor agreed to make them according to plans satisfactory to the lessee but at his own cost. He was free to subject the term to a mortgage for what he spent, a privilege which he used. Besides the rents reserved, the lessee agreed "as additional...

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