Giddens

Plaintiff sought to recover the sum of $1,000 deposited by his assignors with defendants as lessors under the terms of a lease. The cause was tried without a jury and from a judgment in favor of defendants, plaintiff appeals.

The lease, executed on May 1, 1926, by defendants and Michael McGuinn and Robert W. Lawton, plaintiff’s assignors, was for a term of five years commencing July 1, 1926. It covered a garage and service station and provided for a monthly rental of $250. It further contained' the ■following provision: “Mr. Michael McGuinn has deposited with the lessors the sum of One thousand ($1,000) dollars, the receipt of which is hereby acknowledged. Said money is not deemed any part of the rental herein reserved, but,is a flat consideration and compensation to the lessors for entering into this lease, but said lessors agree that if the lessees shall well and truly perform all of the covenants and conditions herein contained, and continuously occupy the said premises for the period herein reserved, then said money shall be returned to said Michael McGuinn at the termination of this lease, whether said termination be by the expiration of the lease term or by mutual agreement…