Judgment and order affirmed, with one bill of costs to cover both appeals.
The trial court's finding that the lessor anticipatorily breached its lease when it told the lessee that it "could not live" with the lease as drawn and would not allow the lessee to take possession without renegotiation, was correct. Once it becomes clear that one party will not live up to the contract, the aggrieved party is relieved from the performance of futile acts, such as conditions...
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