Simon v. Kirkpatrick

The opinion of the Court was delivered by

Mr. Justice Besase.

The appeal in this case is by the plaintiff from an order of new trial nisi, granted by the trial Judge, Hon. M. M. Mann. '

The complaint, brought in November, 1924, alleged these material facts: That plaintiff, Simon, and defendant, Kirkpatrick, on June 21, 1924, entered into a lease as to certain real estate in the city of Greenville, owned by plaintiff, for 3 years, from July 1, 1924; that defendant agreed tO' pay as rent for the premises $150 per month for the first year, and $175 thereafter, payable on the first day of each…