Penny v. Fellner

Opinion of the court by

Keaton, J.:

As shown by the record herein, the question of the correctness of the judgment of the trial court depends entirely upon the interpretation to be given a certain lease attached to plaintiff’s amended bill of particulars as “exhibit A,” as construed in the light of the oral testimony adduced upon the trial. The amended bill of particulars, omitting the formal parts thereof, is in the following language:

“The plaintiff states for his cause of action that the defendant herein, Samuel Fellner, is justly indebted to him in the sum of $91.04, the same being for rents…