April 17, 1973.
MOSS, Chief Justice.
E.R. McInerny, Jr., the respondent herein, instituted this action against W.G. Toler, the appellant herein, to cancel a lease entered into by the parties as landlord and tenant, and for damages for the alleged breaches of the conditions of said lease. The summons and complaint were served on the appellant, on April 28, 1971, and he did not
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