Stubblefield v. Soule

This was an action by appellee upon a lease; the declaration averring that the premises described in the lease were in good repair when taken by appellant, and that they were injured by him while in possession, and that he did not trim the hedges 'and haul out the manure as he had covenanted to do in the lease. To this declaration a plea of the general issue was tiled.

By way of recoupment under the general issue, the appellant proposed to prove “ that the plaintiff represented to him before entering into the lease that the roof of the dwelling house was in good condition, and that it was not…