Midkiff v. Benson

This is a second appeal of this case. The first is reported in 225 S. W. 186, and to which we refer for a discussion of some of the issues presented here.

This suit was brought by appellee, J. H. Benson, against appellants, J. C. Midkiff and wife, for damages resulting from an alleged breach of a lease contract leasing the basement of a house in Marfa, Tex., for a period of three years beginning with July 26, 1918, to be used by appellee as a pool hall.

The building consists of two stories and the basement, the first and second stories being leased to other parties. The lease contract, while…