Howell Et Ux. v. Wheelock

Opinion by

Baldbige, J.,

In this action of assumpsit the court below made absolute the plaintiffs’ rule for judgment for want of a sufficient affidavit of defense.

The plaintiffs leased certain premises to the defendant, the appellant herein, for a term of five years from October 1,1928, at a monthly rental of $150. The lease provided that “Either party may terminate the lease at the expiration of the term hereby created, by giving to the other ninety days’ written notice of intention so to do, but in default of such notice, this lease, with all the conditions and covenants thereof, shall…