Smith v. Gillen

SIMS, Justice.

Appellant, James P. Smith, sued appellee for $750 rent alleged to be due under a lease contract covering a storeroom in Pa-ducah. The answer admitted the execution of the lease 'but averred the building was made “untenable” by a fire, and by counter-claim appellee sought to recover $41.66 for overpayment of rent. Manifestly, when appellee used the word “untenable” this was a typographical error and he intended to write “untenantable.” A jury trial resulted in a verdict against appellant, and judgment was entered dismissing the petition and allowing recovery in the full amount of…