
    WILLIAM H. MORTON, Respondent, v. HUGH WEIR, Appellant.
    
      Lease — cancellation of.
    
    Tie defendant leased to tie plaintiff’s assignor, a lot of land'for ten years, tie lease providing tiat if tie lessor siould sell tie premises during tie term, it siould be canceled and at an end, and that, the defendant or tie purchaser would pay the lessee a fair and just price for all permanent improvements. Held, that tie effect of tie clause was not to render tie lease determinable only on tie election of tie lessor, but that a sale of the premises terminated tie lease at once, and gave to tie lessee a right to recover tie value of tie peima-nent improvements, although he had never been disturbed in his possession of tie premises.
    Appeal from a judgment in favor of the'plaintiff, entered upon the report of a referee.
    
      A. J. Sogers, for appellant. P. L. Modelan, for respondent.
   Opinions by

Baenaed, P. J.,

and Tappen, J.

Present — Baenaed, P. J., Tappen and Talcott, JJ.

Judgment affirmed, witb costs.  