Montgomery v. Blocher

Opinion of the Court by

Judge Clarke

Affirming’.

This is a forcible detainer proceeding’ aiid the lessee attempted on the trial in the circuit court to avoid restitution of the premises, as provided for in. the lease for the nonpayment of rent, by proof of a breach by the lessor of a verbal agreement to repair, claimed to have been omitted from the lease by mutual mistake. At the conclusion of the- evidence the court sustained the lessor’s motion for a directed verdict and rendered judgment of restitution from which the lessee appeals.

Failure to pay rent as stipulated wag admitted by the lessee…