Gillaspie

— This action is brought by plaintiff against the defendants to recover the sum of $1,002.93 for rent alleged to be due and unpaid on certain leased premises, described in the amended complaint as the Capitol Hotel, and for damages in the sum of $200 for breach of covenant to restore the property in the condition provided for by the terms of the lease.

The amended complaint, which is unverified, separately states two independent causes of action, in both of which the contract of lease, which is in writing, is pleaded in heec verba.

In the first count it is substantially alleged that on the thirteenth day of May, 1884, plaintiff let to the defendants, upon the terms and conditions set forth in the lease, the property known as the Capitol Hotel, and described therein as the hotel then in the possession of one Fairbanks.

The second cause of action, after adopting paragraphs 1 and 2 of the complaint, sets up the covenant in the lease to restore the property, and avers damages in the sum of two hundred dollars for breach thereof.

The instrument in writing executed by the parties hereto, and set out as stated in each of the foregoing causes of action, contains, as we think, two…