Schwannecke

The defendants appeal from the judgment upon the judgment-roll. The original complaint states a cause of action in ejectment to recover possession of a certain storeroom described as the east half of the ground floor of a certain building. Plaintiff claims under a lease executed by defendant Goodenow, the owner of the premises, consisting of a lot with a two-story and basement building thereon, the ground floor being divided into two storerooms, and the upper floor into rooms; the term being for five years from September 1, 1895, the lease bearing date September 1, 1894. The lease describes the premises leased as “all that certain storehouse, with basement and rooms above, situated,” etc. The complaint charges a conspiracy between the defendants, whereby Grannis leased from Goodenow, with knowledge of plaintiff’s lease, the east half of the ground floor of said build *956 ing, and that he withholds the same, etc. The defendants’ answer admits the execution of the lease under which plaintiff claims, admits that Goodenow leased to Grannis certain property, but alleged that the property so leased was different from that leased to the plaintiff, and denied the alleged conspiracy.…