The defendant appealed to the district court, and in that court an amended complaint was filed which differs from the original complaint in its failure to specifically state that the defendant was holding, or ever had held, possession without the plaintiff’s permission; but it alleges that: “The defendant refused to deliver up the possession of the said premises until on or about the -day of April, 1912, when he was compelled so to do by process of court duly issued herein.” The defendant answered: (1) Denying any default in the payment of rent, service of notice to pay or quit or voluntary surrender of the premises, and alleging a forcible eviction therefrom: (2) asserting a counterclaim for damages based upon averments that it was the duty of *332the plaintiff to beep the premises habitable by repairing all subsequent dilapidations not of defendant’s causing, which rendered them untenantable, that after he entered into possession such dilapidations occurred in the months of March, April, May and June, 1911, which the plaintiff refused on notice to repair, and which the defendant was obliged to repair, to his total cost — not exceeding the monthly rental in any one month — in the sum of $290; (3) asserting a counterclaim for damages based upon averments that the place was leased to him to be used in part as a rooming-house, and that, on account of the plaintiff’s failure to correct the dilapidations above referred to, defendant lost the use of the rooms and the rents and profits which would have accrued to him from the same; (4) asserting a counterclaim for damages in the sum of $150, based upon injury to his furniture due to water and plaster falling, in consequence of plaintiff’s failure to repair the dilapidations above referred to. The plaintiff by reply put in issue all the affirmative allegations of the answer.