Miller v. Smith

Appellants Miller, husband and wife, sued A. M. Smith for rent which they claimed to be due, owing and unpaid according to the terms of a written lease of real and personal property dated January 15, 1955, and for damages which they alleged had been caused by the failure of defendant to keep and maintain the leased property in good condition and repair. In the same complaint plaintiffs also prayed judgment against David D. Schmidt in the amount of $5,000, this being based on an alleged written agreement of guaranty-executed by Schmidt. The defendants denied these allegations, Schmidt alleging…