Taylor v. Lehman

This cause was transferred to this c-ourt by the Supreme Court.

Appellant sued appellee to recover certain rent alleged to be due for the use of a store building. The appellee answered in seven paragraphs; the first was a general denial; the fourth, payment; and the seventh, a plea of surrender. Demurrers were sustained to the fourth and fifth paragraphs. The second paragraph of answer avers, in substance, that while the appellee was occupying the premises he and the appellant entered into an agreement whereby, in con*586sideration that the appellee would pay all the cost of enclosing the windows…