Clark v. Babcock

Campbell, Ch. J.

Babcock sued Clark as his lessee, for rent. The defense set up by way of recoupment, was under a claim for damages, partly for delay in getting the property in condition for profitable use, and partly for expenses in repairs.

The lease, dated February 16, 1869, but covering a term of one year from February 1, 1869, demised a “steam saw-mill and salt-works ” and the lands thereunto belonging and appertaining, described in full, with a reservation of certain houses and premises not used for -business. Upon notice to be given on or before October 1, 1869 (which was actually…