Cromwell v. Bissinger Candy Co.

Plaintiffs in error brought an action in the superior court of Cincinnati to recover rental for premises located in Cincinnati, *217which had been leased to the defendant in error for a period of two years. The defense relied upon an oral agreement to cancel the lease for the balance of the term. The court admitted the testimony of the oral agreement in respect to the lease, and the defendant recovered a verdict, upon which judgment was entered.

The amended answer upon which the case was tried alleges:

“For further answer, defendant states that some time in January, 1917, while it was in possession…