Flournoy

Appeal taken by the defendants from a judgment entered in favor of the plaintiff. Judgment was for the possession' of certain described premises and for the sum of $268.50 damages, together with costs.

Plaintiff alleged in her complaint that defendants were tenants occupying a certain apartment in a building controlled by the plaintiff, and that the rental required to be paid was the sum of $35 per month, payable on the thirteenth day of each month in advance; she alleged the nonpayment of the rental accruing on the thirteenth day of December, 1919, and the thirteenth day of January, 1920; she alleged that on the 20th of December, 1919, she had served written notice on defendants requiring them to pay the rent then due or deliver up possession of the apartment; prayer was for restitution of the premises, for damages in the sum of $70, and that such damages be trebled in amount. Defendants answered, claiming that they had tendered the amount of rent due and that the plaintiff, in .violation of a written lease agreement, had attempted to increase the amount of rent: The cause came on for trial and was determined by findings of fact filed April 28, 1920. Judgment was entered on the…