Houchin v. Auracher

AethüR, J.

This action was brought on a note and lease, to recover rental for 80 acres of land leased by plaintiff to defendant. Defendant admits renting the premises and executing the lease and note for the rental; and pleaded a counterclaim or set-off against the rental note, based on the alleged failure of plaintiff to perform his part of the lease contract, claiming that plaintiff failed to maintain in suitable condition for operation and use a certain well, pump, and windmill located on adjacent land belonging to the plaintiff, and the piping through which the water was thrown from said…