McCarthy v. Kay

McGHEE, Justice.

In his lifetime J. H. McCarthy instituted and prosecuted an ejectment action against Kay. His administrator is the plaintiff in the present action.

McCarthy had leased a store building to the defendant for a term of years. The lease contained a provision that the defendant would pay all expenses incurred by the plaintiff in enforcing any of its provisions. The defendant refused to vacate at the expiration of his term and McCarthy filed a statutory ejectment action asking for possession and the rents for the time prescribed in the statute, but did not ask for the expenses…