Smith v. Etling

This is an appeal on questions of law from the Municipal Court of Barberton, Ohio.

On August 15, 1953, Elizabeth B. Smith, the appellee herein, filed an action in forcible entry and detainer against B. O. Etling, the appellant herein, seeking restitution of certain premises which Mr. Etling had leased from Mrs. Smith. The lease, which, was in writ ing, called for a term of five years, commencing on May 1, 1951, and' ending on April 30, 1956.

The lease contained the following provision:

‘ ‘ That if default be made in payment of said rent or any part thereof or in fulfillment of any of the…