Stabbert v. Atlas Imperial Diesel Engine Co.

A trial to the court resulted in a judgment dismissing appellants’ action to recover rent claimed under a written lease of certain real estate.

The demised premises were the property of the marital communities composed of C. F. Stabbert and Roberta Stabbert, his wife, and Fred Stabbert (now deceased) and Elizabeth Stabbert, his wife. Respondent took possession of the property on July 1, 1947. The lease in issue, providing for *790a term of five years from that date, with an agreed monthly rental, was entered into by respondent and by C. F. and Fred Stabbert on January 5, 1948. Both wives were…