Avendano v. I. W. Arthur & Co.

The opinion of the court was delivered by

Marr, J.

This suit was brought on the sixteenth May, 1873, with the usual provisional seizure, to recover the balance of rent alleged to be due, and to become due, on a three-years’ lease, beginning first October, 1871, ending thirtieth September, 1874, at $266.66 2-3 per month, payable on the first of each and every month.

The defendants denied that they had made a lease for three years as alleged. They also answered that:

“ These defendants specially deny that they ever took a lease of the premises for the time alleged in the petition. Such a lease was…