Buck v. J. M. McEntee & Sons

DAVISON, Justice.

This is an action brought by J. M. Mc-Entee and Sons, a corporation, to recover from defendant J. E. Buck balance alleged to be due as rent on a written rental contract entered into between the parties and for the foreclosure of the lien given under the lease to secure payment of rent.

Defendant defends on the theory that the lease was assigned to a third party with the written consent of plaintiff and that the assignee paid rent to plaintiff for several months, that by such acts and conduct there arose an implied agreement between the parties that plaintiff would' accept the…