
    No. 578
    No. 18709
    Peter J. Blosser v. Richard Enderlin.
    Error to the Court of Appeals of Ross county.
    297. CONTRACT—If unambiguous, no evidence can be introduced to show agreement materially different than that expressed.
    703. LANDLORD—Lessee liable for rent during term, and for restoration of property or payment of damages for failure.
   MATTHIAS, J.

1. The agreement of parties to a written contract is to be ascertained from the language of the instrument and there cari be no intendment or implication inconsistent witli the express terms thereof.

2. Except where the reformation of a written contract is sought in equity evidence cannot be introduced to show an agreement between the parties materially different from that expressed by clear arid unambiguous language of the instrument.

3. A lessee is liable upon his express covenant to pay rent during the term and to restore the property or pay damages for failure to do so though the premises had been re-leased by such lessee with the lessor’s assent and rents have been accepted by him from the second lessee.

Judgment affirmed in part and reversed, in part.

Marshall. C. J.> Day. Allen, Kinkade arid Robinson, JJ., -concur.  