Paletz v. Tayloe

BOULDIN, Justice.

Count 3 of the complaint claimed the sum of $175 due for rents upon a storehouse and lot, described therein, pursuant to a lease contract in writing for a term named at $25 per month. The count identifies the contract, giving date, names of parties, terms of rent, and monthly installments due and unpaid. There was no demurrer to such count

It is insisted the contract was not admissible because of variance, in that the complaint imports an absolute obligation, while the contract is conditional. The contract contained certain covenants by the lessees to renovate and repair,…