PARKER, Chief Justice.
The appellee, as plaintiff, recovered judgment against the defendants for rental due under a lease of restaurant premises. The five-year lease involved expired under its terms on April 30, 1970, but defendants vacated the premises in April, 1968, paying no rental thereafter, and the landlord recovered judgment for the remainder of the term at the stipulated rental. One of the defenses tendered was that the failure of the landlord to make certain...
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