Dietrich v. Ezra Smith Co.

This is a proceeding to review a judgment of the municipal court in an action of forcible entry and detention.

The action in the municipal court was by the landlord against the tenant upon condition broken.

The defendant below sought reformation of the written lease upon the ground of mistake. Reformation was refused and an instructed verdict in favor of plaintiff below was returned.

We may assume that the reformation was properly refused, and consider the case upon the action at law.

It appears that Dietrich, the plaintiff in error, went into possession about March, 1918, under a verbal contract…