Marco

Action to recover $2,000, being four months’ rent of certain premises leased to the defendant by Frank McCoy and Florence McCoy, his wife, who by an instrument in writing assigned to the plaintiff their claim therefor. The plaintiff also asked for the sum of $250 as an attorney’s fee for prosecuting the action, the lease between the McCoys and the' defendant having provided that if suit should be brought by the lessors against the defendant to enforce any of their rights under the lease the defendant should become liable for a reasonable attorney’s fee.

The answer of the defendant denied the material allegations of the complaint; and as a separate defense averred that he had been induced to enter into the lease by means of certain false representations, and that after entering into possession of the premises he discovered that they bore a bad reputation by reason of the commission thereon prior to the making of the lease of violations of the liquor laws of the United States and of acts of immorality, in consequence of which he was unable to conduct a profitable business thereon, whereupon he sought and obtained from the lessors a cancellation of the lease, relinquishing to them…