Gordon v. Madden

Omitting as much of the petition in this case as sets forth the right of plaintiffs to rent a certain farm therein described, it avers as plaintiffs’ cause of action the following : “ Plaintiffs state that defendant owes them $125 for the rent of said farm commencing in the month of May, 1878, and ending in December of said year, which said sum defendant promised to pay plaintiffs.” The petition then avers non-compliance by defendant with this promise to pav and asks judgment.

*194The answer, after putting in issue the averments of the petition, sets up, substantially, that defendant never was a…