McCarter v. Davis

Kelby, J.:

The action is in ejectment. Plaintiff alleged that the defendant Davis, a tenant of the plaintiff, violated a condition in the lease against subletting the property. After some immaterial denials in the answer the defendant set up as a first defense that the covenants in the lease mentioned in the complaint in so far as they attempted to restrain the right of the tenant Davis to let or underlet the premises were waived by the plaintiff subsequent •to the making of the lease and prior to any subletting thereunder. The 5th paragraph of the answer pleaded as “ a further defense *520and new…