Simen

The plaintiff’s complaint separately stated two causes of action against the defendant—one for damages for the alleged breach of a covenant to erect improvements in lieu of the first year’s rent reserved in a contract of lease; and the other for damages for the alleged destruction by the defendant of certain improvements which were part and parcel of the leased premises. Judgment was entered for the plaintiff upon the first cause of action in the sum of one hundred and ten dollars, and upon the second cause of action in the sum of two hundred and fifty dollars.

The lease in question, which was pleaded in haec verba, contained the usual covenants of a contract for the letting of real property, and in addition provided and required that the lessee, the defendant herein, should, in lieu of the payment of the rent reserved for the first year of a three year term, improve the leased premises “by moving and erecting thereon such improvements as it shall see. fit, to revert to the lessor as hereinafter provided.” This covenant of the lease evidently referred to and was related to a following clause of the lease, which provided that “ ... If at any time during the term herein created…