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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

York v. Steward, 21 Mont. 515 (1898)

Citation
York v. Steward, 21 Mont. 515 (1898)
Parent Document
York v. Steward, 21 Mont. 515 (1898)
Jurisdiction
Montana (state)
Effective Date
1898-11-07

Full Text

1,288 chars
*5223. The second defense is, in effect, that the plaintiff, on July 1, 1893, in consideration of the prevailing business depression, and of the untenantable construction of the demised property, and of the defective condition of the water sinks on the second floor of the building, entered into a new agreement with defendants, by which he let the property to them from month to month at a rental of §225 monthly, and that on August 1, 1893, defendants notified plaintiff that they would quit the premises on September 1, 1893, and that they were never in possession after August 31st, and that they paid all rents accrued to September 1, 1893. Plaintiff admitted that the rent was paid to September 1 st, and that defendants vacated the property in August, and did not thereafter occupy it. Plaintiff denied that there was any agreement whatever to change the terms of the lease, and testified that because of the stagnation of business he voluntarily reduced the monthly rent for July and August from §250 to §225. The testimony upon this question was in substantial conflict The jury returned a verdict for the plaintiff in the sum of §846, and thereby necessarily found that the only change made in the lease was a reduction of the rent to §225 a month for the last half of the term.