Wood

Plaintiff corporation sued defendant to quiet title to certain real property upon which is situated a plant to manufacture the by-products of milk. Ownership, possession, and right of possession were alleged, to which the defendant replied by admitting ownership and possession but denying the right of possession in plaintiff and setting up a written indenture of lease between the parties as the basis of his claim to the right of possession. Defendant also cross-complained in an action in ejectment, again setting up said lease and alleging that plaintiff wrongfully ejected him from the premises on the twenty-eighth day of December, 1925, and praying for restoration of the premises to him, together with damages at the rate of $500 per month for the time said premises had been withheld from him. Plaintiff answered said cross-complaint, ad-¡ mitting that it resumed possession of said property on' the said date, denying that it forcibly or unlawfully ejected cross-complainant, denying the claim for damages and al leging that on the thirteenth day of November, 1925, cross-complainant was in default with respect to the obligations undertaken to be performed under said lease in the sum of…