Garcia v. Olivares

O’QUINN, Justice.

Appellant sued appellee to recover for rent alleged to be due by virtue of a rental contract whereby she leased a store building to appellee for a period of three years beginning August 15, 1930, and ending August 14, 1933. In her petition appellant claimed rent as due from May 15, 1932, up to date of the trial on June 17, 1933. The rent was to be paid monthly.

Appellee answered, admitting the execution of the contract, but, among other defenses, pleaded that he was relieved from performing the contract for the period claimed, by agreement of the parties, that is, that in the…