Mozley v. Boen

CATES, Judge.

Mozley appeals from a judgment for $600 on a verdict in favor of Boen in an action for rent reserved under a verbal lease of certain premises in the City of Boaz for use as a cafe or restaurant. He has eight assignments of error, five of which (1, 2, 3, 4 and 8) are argued.

Count 1 of Boen’s complaint was for rent of premises said to have been demised orally. Count 2 claimed for their use and occupation by Mozley.

Assignment 1 is that the trial court erred in sustaining Boen’s demurrers to Mozley’s plea 3-A which sought $10,000 as damages in recoupment.

Mozley therein averred that…