SMITH v. GILLEN


245 S.W.2d 596 (1952)

SMITH v. GILLEN.

Court of Appeals of Kentucky.

January 25, 1952.


Attorney(s) appearing for the Case

Wheeler & Marshall, Paducah, for appellant.

Albert Karnes, Paducah, for appellee.


SIMS, Justice.

Appellant, James P. Smith, sued appellee for $750 rent alleged to be due under a lease contract covering a storeroom in Paducah. The answer admitted the execution of the lease but averred the building was made "untenable" by a fire, and by counter-claim appellee sought to recover $41.66 for overpayment of rent. Manifestly, when appellee used the word "untenable" this was a typographical error and he intended to write "untenantable." A jury trial resulted...

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