Sterrett v. Lennards

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This appeal is from a judgment for plaintiff for possession of leased premises and unpaid rent. It was begun in a Justice’s Court and tried de novo in the County Court. The main question is whether the relation of landlord and tenant existed between the parties.

The lease purported in the body thereof to be between plaintiff and defendant as the party of the first and second part, respectively, and it contained many of the usual covenants, among them, that in case of default in the payment of rent the party of the first part would…