Hanke

This is an appeal from an order denying the defendant’s motion for a new trial in an action brought to recover the sum of $1,310, alleged by plaintiff to be due and unpaid under the terms of a lease of certain premises. The record shows that upon the trial of the case the lease was introduced in evidence, from which it appeared that the defendant on June 4, 1912, leased two certain tracts of land, containing respectively 125 and 110 acres, from the plaintiff for the term commencing, as to the 125 acres, on the date of the lease, and as to the 110-acre tract, on the thirty-first day of December, 1912, and ending as to both tracts on the twenty-first day of December, 1921, upon the following terms and conditions: “The second party shall pay to first party as rental for the above described premises $1,110 on the 31st day of December, 1912; $750 on the 30th day of June, 1913; $1,310 on the 31st day of December, 1913, and $1,310 on the 30th day of June and 31st day of December of each year thereafter during the life of this lease.” The evidence further showed that the lease was canceled by the written agreement of the parties on June 30, 1914, but in which written agreement the…