Home Life Insurance v. Franklin

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In an action to recover rent, interest and attorneys ’ fees under written lease, upon trial by jury there was a verdict for defendant with judgment. The defenses interposed were that at the time of the leasing the heating plant was known by plaintiff to be defective and that this was concealed from defendant; further, that an oral release, followed by surrender of the premises, had been given.

On trial the lease was introduced with prima facie proof of the amount due. The lease appears to have been executed on July 25, 1936,…