Ernst v. Pike

Opinion of the Court by

Judge Logan

Affirming.

The appellee, Pike, sued the appellant, Ernst, for $50, claiming that amount was due him for rent on a house. Ernst denied in the answer that he owed the $50, and set up a counterclaim to the effect that Pike was indebted to him in the sum of $300 for damage done to Ms furniture because of a leaky roof. An amended counterclaim was filed in which tbe alleged damages were itemized. It was alleged that, after Ernst became an occupant of tbe house, Pike promised and agreed to fix tbe roof, but failed to do so, and that, because of bis failure, tbe…