C. N. H. F., Inc. v. Eagle Crest Development Co.

Plaintiff in error filed its affidavit in distress for three months' rent payable in money under a written lease. Defendant in error filed its affidavit denying that the rent or any part thereof claimed was due. Trial by jury was waived. The court, after hearing the evidence, entered judgment for defendant.

Fergusson, the owner of the demised premises, entered into a written lease with one Scott, for a term commencing December 10, 1925, and ending December 10, 1932, at a certain specified rental payable monthly. This lease contained a covenant for re-entry for non-payment of the rent and for…