
    J. Wesley Rosenquist et al., Respondents, v. Thomas Canary et al., Appellants.
    (New York Common Pleas — Additional General Term,
    December, 1895.)
    Lease ^--Application or security.
    Where the. deposit made to secure the performance of the conditions of a lease is by its terms to be applicable toithe last two months-of the term, it cannot he applied upon rent defaulted in- a previous month.
    Appeal from the final-order of a District Court in summary-proceedings. . .
    
      Howe & Hummel, for appellants.
    
      Vanderpoel, Green & Cuming, for respondents.
   Per Curiam.

The covenant in the lease providing for the disposal of the sum paid as security for the observance by the tenants of the conditions is very clear in its terms, and is open to but' one construction.

This is that the deposit was applicable to the rent for the last two months of.the term only, and then upon condition that the tenants, up to that time, had fully performed their obligations. By failing to pay rent for a preceding month, one condition' was broken, and, .according tó the express agree-ment, the deposit was forfeited as liquidated damages.

The claim that this deposit should have been applied upon the rent'. defaulted cannot be upheld under, the terms .of. the Contract,- and for such default the appellants were rightfully dispossessed.

Final order affirmed, with costs.

Present :■ BoOKSTAVER-and Bisohofe, Jj.

Final order affirmed, with, costs. -  