Henika

This action was commenced by the plaintiffs, who were lessees of the defendant, to recover damages in the sum of $4,800, alleged to have been sustained by them because of the failure of the defendant to perform the covenants of a lease upon her part to be performed. Thereafter an action was commenced by the defendant against the plaintiffs, in which she alleged that the plaintiffs had failed to comply with the terms of the lease on their part to be performed and had abandoned the property, by reason of which facts defendant had suffered damage in the sum of $6,250.

In the first action demurrer was interposed to the complaint and overruled, and an answer was filed denying the material allegations of the complaint. In the second action defendants in that action filed an answer and cross-complaint, in which they alleged a rescission of the contract by them, and sought to recover $4,800 as the reasonable value of their services performed under the lease. Upon motion, the two actions were consolidated and the ease was tried upon a stipulation that the amended complaint of Anna Lange in the second action be construed as a cross- complaint in the first action and said cross-complaint be…