Theopold v. Curtsinger

Lees, C.

This action was brought to recover a month’s rent of a rooming house. The defendant counterclaimed for damages for plaintiff’s failure to make certain repairs. At the close of the evidence the court dismissed the counterclaim and directed the jury to return a verdict for-plaintiff for the amount of his claim. This appeal was taken from the denial of defendant’s motion for a new trial.

Plaintiff pleaded an oral lease of the house for the period of one month and from month to month thereafter at a rental of $32.50 a month, payable in advance on the first day of each month during the term…