Mann v. Fuller

The opinion of the court was delivered by

Greene, J.:

The defendant in error commenced this action in the district court of Cowley county to recover rents due him from the plaintiff in error as his tenant. The defendant below answered, admitting generally the tenancy and his indebtedness, but pleaded and sought to counter-claim a demand for damages which he alleged that he had sustained by reason of the building’s having become untenantable during the existence of the lease, and the neglect of plaintiff below to repair the same. The special allegation was that the roof of a part of the building…