Agress Construction Co. v. Jurgens

Judgment and order unanimously reversed upon the law, with thirty dollars costs to appellant to abide tne event, and motion denied, with ten dollars costs.

There is nothing to show when the defendant’s term ended, and as he moved out on May twenty-ninth, there is no basis shown for the recovery of the June rent. According to the defendant’s affidavit the May rent was paid by the plaintiff's accepting and using the security which the defendant had previously put up, the use of the security for this purpose being by agreement between the parties. While the defendant has pleaded only a general…