Wilson v. National Refining Co.

The opinion of the court was delivered by

Hutchison, J.:

This is an action by the lessor against the lessee to recover damages for the abandonment- of the leased premises and refusal to pay the rent for the last two years and more .of a five-year period covered by the lease. The defendant answered, admitting the execution of the lease and the occupancy of the premises thereunder for nearly three years, but alleging that the lease was surrendered by defendant and accepted by plaintiff; that the lease was for a specific purpose prevented by law; that the action was prematurely brought; and that…