Peticolas v. Thomas

FLY, Associate Justice.

— Appellant sued for $250 alleged to be due for rent on a certain house in the city of El Paso. Appellee answered, alleging a surrender of the lease and an acceptance on the part of appellant, that he had been induced to sign the contract by promises to repair the premises, and that under the terms of the contract appellant had agreed to make certain repairs which he had failed to do, and appellee had surrendered' the premises. The case was tried before a jury, and.resulted in a verdict for appellee.

In the written lease was a clause that declared, that “ all repairs…