Potter v. Conley

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to foreclose a mechanic’s lien. P. J. Conley, the owner of a theatre building, leased it to J. E. Faltys and George M. Gilliam for a period of three years, at a stipulated rental of $75 per month. In the lease was a special provision that “second party shall have the right to make reasonable repairs to said building and deduct the actual cost thereof from said rentals.” The lease contained the stipulations ordinarily found in such instruments, including one that “no alterations or changes in said building shall be…