KOVACHY, P. J.
This is an appeal on questions of law from a judgment entered in favor of the defendant at the close of plaintiffs' case in the Cleveland Municipal Court.
On June 15, 1959, defendant, James G. Flynn, entered into a written agreement with James Dworkin to rent premises located at 2626 Wooster Road, Rocky River, Ohio. He took possession of the property on or about the same date.
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