Levy v. Hampton

This is an action that was .brought to recover rent under a lease guaranteed by the defendant Nicholas G. Hampton, the tenant being Howard W. Hampton, who, upon application, was admitted as a party defendant, who answered and filed a counter-claim seeking to recover damages for loss alleged to have been caused by improper or defective heating plant.

The rent was paid in advance of the trial of the cause and the trial of the case was entirely upon the counterclaim, upon which plaintiff has a verdict and judgment for $2,500, from which this appeal is taken.

There are four grounds relied upon:

1.…