Wetzler

Plaintiffs, who are husband and wife, brought two actions in the court below. In the one first commenced they sued for the recovery of three months’ rent, due, respectively, on the 15th of November, 1920, and the fifteenth days of February and March, 1921, and also for a sum alleged to be due for water used by defendant as the lessee and which the latter, under the terms of his lease, had undertaken to pay. Later plaintiffs brought the other action, one for unlawful detainer, commenced after due service of the statutory notice to pay the overdue rent which had accrued since the first action was commenced, or to vacate the leased premises within three days. By this second action plaintiffs sought the recovery of the rent which became due on, respectively, the fifteenth days of April and May, 1921, damages for the unlawful detainer, and a forfeiture of the lease. In a separate answer and counterclaim filed in each of the actions defendant alleged that under the terms of the lease plaintiffs undertook to rent to defendant a tract of land containing eighty acres; that in fact the tract contained but sixty-five acres; that by reason of this shortage in area the amount of the agreed…