Stultz v. Locke

The appellees, plaintiffs below, were tenants of the •appellant of a certain mill with premises and a tract of *564land belonging thereto, and instituted this suit to recover-damages for the alleged breach by the appellant of his. covenant to keep in repair the mills and machinery, waterpower, and fencing on the premises.

The contract between the parties is contained in articles, of agreement, which wqre offered in evidence by the plaintiffs, but the defendant objected that they were inadmissible because of an alleged variance between them and the-contract, set out in the narr. The objection was…