Brandow

As faras are pertinent to the conclusion reached herein, the facts appear to be that by the terms of an executed written instrument plaintiff leased to defendant and defendant hired from plaintiff for a term of years a portion of a building owned by plaintiff “for the purpose of conducting and carrying on the business of dealing in new and used cars and service same1 ’. At the time the lease was executed, the building in which the leased premises were situated was under construction and not then ready for occupancy. The execution of the lease was the result of negotiations between the interested parties which were initiated by a written proposal made by defendant to plaintiff, which, among other provisions, contained the following:

It appears that the front portion of the leased premises was intended to be used by the lessee as a showroom for the sale of automobiles, and that the rear portion of said premises (which was divided from the front portion by a fire-wall) was to be used as a garage. After its completion, the building in which the leased storeroom was situated consisted of two stories; and the second story thereof in part was occupied by persons as apartments for living…