Saferian

This is an action by a tenant for damages for an eviction by his landlord.

The evidence shows that a written lease covering a small farm, was entered into between the defendant, as lessor, and the plaintiff and one Costic Stomatiou, as lessees, for the term of three years commencing on April 15, 1924, and ending on April 15, 1927, at an annual rental of $300, payable $150 on April 15th and $150 on October 15th of each year. The lessees took possession of the property and about two months later the said Costic Stomatiou became sick and left, whereupon the plaintiff continued to live upon and farm the property. On October 15, 1926, the defendant entered into a new lease with the plaintiff, covering the same property, said lease being for a period of five years, commencing with April 15, 1927. This lease provided for the same annual rental as the first lease, and acknowledged receipt of $150 cash upon its execution and delivery. There was added to the second lease the following clause: “The second party owes to first party $50.00 additional, and agrees to pay in sixty days.” There was evidence that this $50 was the balance of the rental on the lease first referred to. The $50 was…