Bangle

This action was brought to recover a money judgment against the defendant. It was tried upon the supplemental and amended complaint and defendant’s answer thereto. The complaint set forth four causes of action. The first cause of action was for $457, alleged to be due as rent.on a written contract and lease dated July 1, 1918. The second cause of action was for $919.50, alleged to be due under a written contract and lease of date July 1, 1918. There is no controversy as to the third cause of action so no further reference will be made to it. The fourth cause of action was to recover $2,593.37, alleged to be due under a written contract and lease of date January 1, 1920. The defendant in his answer alleged payment of the amounts claimed in the first and second causes of action, and, as to the fourth cause of action, that the parties thereto, after the execution of the contract and lease set forth therein, had waived, abandoned, and rescinded the same. The court found in favor of the defendant upon all issues made by the pleadings, and rendered judgment in his favor. Plaintiff has appealed.

The first point made by appellant is that the evidence is not sufficient to justify the…