Jenkelson v. Ruff

This action was brought to recover damages for breach of contract and for money had and received. The defense was a general denial, counterclaim and tender and payment into court of the amount conceded by the defendant to be due the plaintiff.

Plaintiff bases his right to recover upon an alleged oral hiring of the defendant’s premises, and the refusal of the defendant to give possession thereof. Plaintiff’s own evidence, however, fails to establish a binding or completed agreement between the parties. The agreement, so far as it proceeded, was merely tentative, the amount of the rent being the…