Smith v. Lehigh Zinc & Iron Co.

Pratt, J.,

{concurring.) The complaint sets out a lease made in 1883 for 10 years of buildings, machinery, and a mine; the rent payable in royalties, which were to be not less than $1,000 a year; and states that the rent coming due in the years 1887, 1888, 1889, and 1890 is unpaid, and claims judgment for $4,000. For answer defendant pleads that in June, 1885, the lessor begun an action against this defendant “for the recovery of certain sums of money alleged to be due and owing from defendant under the aforesaid lease;” that defendant interposed an answer; that a trial was had, and judgment…