Harrison v. Fregger

The plaintiffs brought action to recover the sum of $500 as rent due on certain premises in Billings, operated as the “Exchange Cigar Store.” The defendants, Max Fregger and The Theater Operating Company, defended jointly on the ground that they had been evicted from the premises, and Fregger set up the further defense that he had been released from the obligation to pay rent.

The cause was submitted to the court upon the admissions in the pleadings and an agreed statement as to the remaining facts. The court rendered judgment in favor of the plaintiffs and against both defendants, and…