Fibish v. Bennett

The opinion of the court was delivered by

Porter, J.

This suit is by a landlord to recover rent under a written lease. The trial court sitting without a jury found for the plaintiffs. The defendants appeal.

The facts were stipulated. The lease was dated July 18th, 1941, and was for a term of one year and eight months ending April 1st, 1943. The rental was for $1,000 payable $50 each month in advance. The suit was for rent for the last three months of the term which h0ad not been paid, the defendants denying liability on the theory that they had been evicted for non-payment of the rent for…