Earlington Realty Corp. v. Schwartz

This action was brought for rent for the months of January to March, 1925. The defendant admitted liability for the month of January but denied it as to February and March. Plaintiff relied on a written lease for a period of eight months ending January 31, 1925, and containing an elaborate and peculiar provision (in its 23d clause) for a renewal at the sole option of the lessor after that date.

The testimony of defendant, appellant, in support of his defense of fraud was that plaintiff’s agent with whom he had negotiated for a lease for eight months came to him with the form of lease and said:…