Aycock v. Copeland Motor Co.

1. Where, in a dispossessory-warrant proceeding, brought by a lessor, under a written lease for years, against the lessee for failure to pay rent, the lessee in its counter-affidavit defended upon the ground that the rent was not due under the lease by virtue of the fact that the lease had been terminated and rescinded by a subsequent oral agreement some fourteen months prior to its expiration date; and where, upon the trial of the case, it appeared that while the lessor and lessee did enter into negotiations concerning the rescission and termination of the written lease, and under one theory…