Page v. Westfield Pharmacy, Inc.

MillbR, Judge:

Plaintiffs prosecute this writ of error to a judgment of the circuit court against them in an action for the possession of a room occupied by defendant as a drug store. The verdict of the jury was found on a peremptory instruction to find for defendant.

At the time plaintiffs purchased the property demanded, defendant was in possession under a lease from D. C. Garner, their grantor. This lease, in writing, but not recorded, provided for a term of one year from the date thereof, April 15, 1923, and contained the following provision: “It is further understood and agreed that the…