
    Neare v. James, appellant.
    
      Lease—surety upon—counter-claim,.
    
    A guarantor of rent reserved in a lease, held, not discharged from, liability for a breach by the lessee by the failure of the lessor to perform the covenants in the lease on his part. Such failure, however, might furnish the, basis of a counter-claim, on the part of the guarantor, available in diminution of damages, as it grows out of the same transaction.
    Appeal from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought by Charles Neare against Albert A. James upon a guaranty executed by the defendant upon a lease given by the plaintiff to one Dailey of a farm belonging to plaintiff.
    
      J. G. Record, for appellant.
    
      Allen & Thrasher and D. H. Bolles, for respondent.
   E. Darwin Smith, J.

The opinion reviews the facts and holds that the judgment should, be affirmed upon the grounds stated in the head-note. It is not believed necessary to give the opinion at length.

Judgment affirmed.  