Kelly v. Armstrong

Appellant sued appellee to recover for loss of rent after appellee, his tenant, removed from the premises and before another tenant was obtained, and for a diminution in rent thereafter. On a trial in the Circuit Court on an appeal from the justice, a jury was waived. There was a finding and a judgment for defendant, from which plaintiff prosecutes this appeal.

Appellant leased the premises to appellee by a written instrument signed by both parties. The term was from June 1, 1904, to May 31, 1905, and the rental was $25 per month, payable on the first day of each month in .advance. The rights…