Jackson ex dem. Lewis v. Schutz

Spencer, Ch. J.

said, that although he concurred in the result of the opinion delivered by Mr. Justice Plait, .hat the plaintiff was entitled to judgment, on the ground that the condition giving the lessor a right of pre-emption, is a lawful condition ; and not having been complied with, a forfeiture had been incurred ; yet, on the other parts of the case, it was not necessary, nor did he mean to express any opinion.

Judgment for the plaintiff.