Cohn
Cohn v. Rudneck
Opinion
lead Opinion
Shaw, J.
At the expiration of a written, lease of real estate made by plaintiff to defendants they refused to surrender possession and thereupon he brought this action for unlawful detainer.
Judgment went for plaintiff, from which defendants appeal.
The lease was for a term of five years at a rental of forty dollars per month for the first two years; forty-five dollars per month for the next two years, and fifty dollars per month for the last year. As alleged by defendants, the lease contained a provision that “at the end of the term, to-wit, December 31, 1918, . . . the defendants should have the option or right or privilege of an extension or renewal of such tenancy or lease for the further or additional period of five years from and after January 1, 1919, upon the same terms and conditions provided for in said lease for the term commencing January 1, 1914, and ending December 31, 1918”; as to which the court found adversely to defendants, and the sufficiency of' the evidence to sustain this finding presents the chief question for determination. The burden of establishing the truth of this allegation devolved upon defendants. While the lease was executed in duplicate, both copies…