Valentine

Appeal by defendant from a judgment rendered in favor of plaintiff and against defendant and from an order denying a new trial in an action to quiet title.

The record discloses that in April, 1904, Herbert Valentine, then owning certain premises described in the pleadings, executed to one Hyde a lease of said premises for a term, of ten years at the annual rental of $180, in addition to which the lessee was to pay all taxes assessed against said premises during the life of the lease, together with certain insurance premiums; it being stipulated in the lease that upon default in payment of rent or other covenant for a period of thirty days after the same became due the possession of the premises should be surrendered to the lessor. Contemporaneous with this lease an option was given by the lessor to the lessee through which the lessee was entitled, during the life of the lease, upon thirty days’ notice, to purchase said premises for $3,600, provided that all indebtedness, either for rent or on account of any other obligation between the parties, should be fully paid before date fixed by the notice as the time of election to purchase. The lease and option were made nonassignable.…