Oscar v. Sackville

This suit was instituted by appellee against appellant, for the recovery of the sum of $875, alleged to be due as rents upon the auditorium theater building, in Waco, under the terms of a written lease contract. The appellant answered by general demurrer and general denial, and by a special plea admitted the lease contract, but alleged that it contained the convenant whereby the lessor "agrees to repair any wear and tear of said building during the continuance here of as may be necessary to keep said building tenantable." Appellant further alleged that, shortly after the execution of this…