Van Every v. Ogg

McKinstry, J.:

A summary action against a tenant holding over. The only question argued here is the sufficiency of a counter-claim in ■the answer, as against a demurrer by plaintiff that the counterclaim does not state facts sufficient to constitute a defense or counter-claim, and that it is ambiguous, uncertain, and unintelligible.

The counter-claim is as follows:

“I. That on or about the eighth day of May,1878,the defendant leased the premises described in the amended complaint of and from the plaintiffs, at the monthly rental of forty dollars per month, and said premises were intended at the…