Barnard

Action of unlawful detainer. The complaint contains the ordinary allegations in an action of unlawful detainer brought by a landlord against his tenant, who continues in possession against the will of the landlord after the expiration of the term. The defendant made no denial of these allegations, except that he denied that the term for which the premises were demised had expired, or that he held over contrary to the terms of the lease. He pleaded, however, as a separate defense to the action, that he signed the lease set forth in the complaint, but that that portion thereof fixing the term was intended to read “from the first day of January, 1885, for and during the full term of ten years then next ensuing,” instead of ten years from the first day of January, 1882, and that the insertion in the lease of words purporting to make the term commence on the 1st of January, 1882, was made “by inadvertence and mistake.” The court found “ that no mistake was made in the execution of said lease.”

1. It is unnecessary to determine whether such a defense can be pleaded to an action of unlawful detainer, or whether the facts alleged in the present case would entitle the defendant to any…