Syrett

T his is an appeal by plaintiff • from:

The amended complaint states that plaintiff and defendant entered into an agreement in writing whereby plaintiff leased to defendants certain premises under which defendants entered into possession. The lease is set out in full. That plaintiff made expensive alterations to the property which were suited to the purposes of the lease, but otherwise valueless.

That prior to its termination defendants repudiated and abandoned the lease and premises, declaring they would not be bound by the lease; and that they would not pay the unpaid balance to become due nor keep possession of the premises, but avowed their intention of leaving the state and abandoning the lease and premises. That defendants had disposed of and concealed their property and were about to leave the state with intent to defraud the plaintiff out of his claim against them. That by reason of the breach of said lease plaintiff had been damaged.

The prayer is for damages in the amount yet unpaid on the lease and that defendant J. C. Strickland be adjudged guilty of fraud and held for bail for satisfaction of the judgment.

The lease is for a total of $4,500 for five years, of…