APPEAL by the defendant, William E. Duryee, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff for $100 damages and $17 costs and disbursements, rendered on the 10th day of January, 1911, after a trial without a jury.
Thomas F. Murtha [Peter B. Hanson with him on the brief], for the appellant.
George Gru, for the respondent.
This action was brought to recover damages for the breach or violation of a document signed by the defendant and delivered to the plaintiff on or about September 1, 1909. The instrument reads as follows:
'WALL OR FENCE PERMIT.
'BRKLYN, Sept. 1, 1909.
'In consideration of $50.00 Cash payable yearly in advance the receipt of which is hereby acknowledged, the undersigned hereby leases to REEVE SIGN Co. The entire side wall No. 1410-
12-14 Bedford Ave. opp. Prospect Pl. for advertising purposes for the term of one years with privilege of renewal for one years at same rate. In case of sign being obstructed or house being sold money returned for unexpired time.
'Name, WM. E. DURYEE
'Address, 1410 Bedford Av.
'State whether owner or ...