Baker v. Carlson

Headnote

Contract — lease — specific performance — action to compel specific performance of alleged contract to lease real property.

Baker v. Carlson, 207 App. Div. 868 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1923, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term directing that the defendant specifically perform an alleged agreement for a lease upon a motion picture theatre, and that

the defendant deliver to the plaintiffs possession of the premises, and that the premises be impressed with a hen of a lease for a period of five years with an option of renewal for a further period of five years, and directing that a money judgment be entered against the defendant for damages and costs and that the counterclaim of defendant for alleged breach of contract be dismissed.