Salisbury

In legal effect, the covenant in the lease was, that during the last six months of the term the lessee would pay the monthly rent, and all taxes, rates, and assessments which, during the six months, should be levied or assessed upon the demised premises ; but subject to the proviso that if the net income from the property during the six months should be insufficient to pay the rent, taxes, and assessments, the lessee was under no obligation to pay more than the net income amounted to. In suing to recover the taxes levied during that period, it was incumbent on the plaintiff to show in the complaint a breach of the covenant by an averment that the net income from the property during the six months was sufficient to pay the rent, taxes, and assessments ; and if not sufficient to pay the whole, the amount of the net income should have been averred, so as to show the amount, if any, applicable to the taxes. But there is no such averment, nor any equivalent averment in the complaint. Subdivision 14 of the complaint, which contains the only averment on the subject, is in these words :

The familiar rule is that a pleading is to be construed more strongly against the pleader; and the…