Hess v. Dumouchel Paper Co.

The plaintiff brought this action in three counts to recover rent for premises leased by him to the defendant. In its answer, the defendant denied liability for rent and, by way of special defense, alleged that prior arrangements or leases between the parties were canceled by later oral leases or agreements and by “the imminent condemnation of said premises by the Highway Department.” The court found the issues for the plaintiff and awarded damages in the amount of $5800 for the unpaid rent.

The pertinent facts properly found by the trial court are as follows: The defendant corporation,…