Googe v. York

Mrs. Lavina Googe, as landlord, procured a warrant for the removal of Frank York, as tenant, upon the ground that he failed to pay the rent when due. The tenant arrested the proceeding by tendering an affidavit in which he denied his alleged default, and thus was formed the issue for trial. Civil Code (1910), § 5385 et seq. The lease was in writing and provided for a term of five years. It stated that the consideration was $200, and recited payment. After the introduction of this document in evidence the plaintiff testified that only one half of the consideration had been paid, and that the…