Butterfield v. Duquesne Mining Co.

STANFORD, Chief Justice.

For convenience herein we will term the appellant and appellee as plaintiff, and defendant, respectively, as they were styled in the trial court.

Plaintiff sued defendant for rent due, for restitution of the premises and for damages. Plaintiff had two written leases from his landlord for the premises located at 128 North Church Street, Tucson, Arizona, one lease being from January 9, 1945 to January 9, 1946, the other lease being from January 9, 1946 to January 9, 1950. Plaintiff took possession of the premises January 9, 1945.

On February 20, 1945, plaintiff subleased a…