Morris v. Kettle

The opinion of the court was delivered by

Depue, J.

This action was in contract upon a covenant contained in a lease for the recovery of rent for thirteen months. By a lease in writing and under seal, dated February, 1891, the plaintiff demised to the defendant certain premises for the term of five years from February 1st, 1891. It was admitted that the rent from September 1st, 1892, to October 1st, 1893, had not been paid. The defence was that the defendant had been evicted by the plaintiff from a part of the demised premises before any of the unpaid rent became due. In debt for rent under the…