Gottschalk v. Gottschalk

On Appellee’s Motion for Rehearing.

Appellee insists we have misconstrued the record; that the suit was tried upon the conceded theory that the lease was *225valid, the basis of suit being that the son in constructing fences on the property was committing waste and violating the express requirement of the lease, to deliver the premises to lessor at its expiration “in as good condition as the same were in when received, reasonable wear and tear thereof excepted”; and that the suit did not involve the right of possession of real estate, but was merely to protect the property from waste by the…