Weinreich

This is an action on a promissory note which apparently was given by the defendants to plaintiffs in payment of rent for the month of June, 1925. The defendants alleged by way of answer to the complaint that said note “has been fully paid by reason of the retention by the plaintiffs of certain sums of 'money held on deposit by them to secure the performance of a certain lease theretofore entered into between the plaintiffs and defendants”.

On trial objection was made by plaintiffs to the introduction of any evidence to sustain said allegation of payment, which objection was sustained by the court. This appeal is taken from a judgment in favor of the plaintiffs. It is contended by appellants that the trial court erred in making its findings of fact and conclusions of law, in rendering judgment for the plaintiffs and also in sustaining the objection above referred to.

The only reference made in the lease to the sums of money alleged to have been held on deposit by the plaintiffs is as follows: .“And receipt of the sum of $4,080 was and for the first month and the last four months of the term is hereby acknowledged by the first parties.” The words “was and for” should be read “as…