Lemberg v. Visnaw

Plaintiffs may be said to be lessors and defendants lessees in a lease for three years, in which default was made in the payment of rent. Plaintiffs sued for the amount claimed to be due and had verdict and judgment for $4,000. Defendants bring error and contend that damages were stipulated in the lease and paid in advance and that therefore verdict should have been directed in their favor as requested.

The stipulation is quoted from the lease:

“Said tenants have deposited with lessor the sum of five hundred fifty ($550) dollars, receipt whereof is hereby acknowledged by lessor, and it is…