Ledbetter v. Goodroe

A tenant, occupying improved realty under a parol agreement to pay rent monthly without a definite term, entered into a parol agreement with his landlord for a written lease for a term of three years, for monthly rentals payable at a higher rate. Before execution of the lease the landlord instituted a statutory proceeding to evict the tenant for non-payment of rent. The tenant brought suit for specific performance of the contract, and to enjoin the eviction proceeding. The landlord filed his answer in the nature of a cross-action, in which were prayers substantially as follows: (a) That the…