Gayle v. Auto-Lec Stores, Inc.

Plaintiff, as lessor, sued defendant, as lessee, to recover the balance due for rent, alleging that defendant breached the lease 'by vacating the leased premises without justifiable cause. Defendant set up that plaintiff, himself, breached the lease, by failing to maintain defendant in peaceable and quiet enjoyment of the leased premises and by permitting them to become wholly unfit for the carrying on of defendant’s business. The court ■below rejected plaintiff’s demand, and he has appealed from the judgment.

Plaintiff assigns as errors: (1) That the court below erred in holding that…