SYMES, District Judge.
This cause was tried to the court without a jury upon an agreed stipulation of facts.
About March 1, 1929 the plaintiff leased to the Mountain States Theatre Corporation a parcel of real estate in Denver, owned by it, for 25 years at a fixed rental, and agreed to expend $262,500, including architect's fees, in the erection of a theatre building, plans and specifications for which were furnished by the lessee. The latter under the lease...
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