Dauchy Iron Works v. Toles

It is apparent that the jury reached' their verdict by allowing to appellee damages for failure to furnish steam power according to the covenants of the lease. The jury could have returned no other verdict under the rulings and instructions of the court; The evidence which was stricken out by the court tended to show a waiver of that condition of the lease which provided for the furnishing of steam power during all the term of the tenancy. Counsel for appellee contends that the ruling was proper, because the lease, being under seal, its provisions could not be altered by parol agreement. In…