Pinque
J. B. Hill Co. v. Pinque
Opinion
Lead Opinion
Sloss, J.
This action was brought to recover the possession of certain premises, together with damages. The complaint was in two counts. The first set up, in ordinary form, a cause of action in ejectment. The second alleged that the premises, consisting of a storeroom, had been held by the defendant Pinque under a written lease from one Keosheyan, and that the plaintiff, who,had acquired the interest of Keosheyan, had elected, under the terms of the lease, to terminate it, and forfeit the, rights of the defendant.
Judgment went in favor of the plaintiff for the recovery of the premises, for three hundred dollars, the value of the' use and occupation, and for damages in the further sum of $509. The defendant, Pinque, appeals.
The lease from Keosheyan to Pinque was dated February 1, 1915, and ran for a term of nine years, at a monthly rental of one hundred dollars. It contained the following provisions material to this appeal:
The second count sets up a forfeiture of the lease on the ground of nonpayment of rent. It also alleges that plaintiff has been damaged in the sum of two thousand dollars by the defendant’s failure to keep the premises in good repair, by her occupation of them as an…