Covenant. Pleas, performance and non infregit conventionem. Breaches assigned: first, rent not paid; second, houses not built; third, hay fodder etc. not fed on the land; and fourth, waste committed, in violation of the lease.
PER CURIAM.
In this case, book of defendant in account against I. Cox, charged cash paid to Merrick, a stranger, without an order had been produced; [it] is no evidence as to the other part of the account. If you discover from the evidence that those articles were paid as part of the rent to the plaintiff or her agent, you will allow them, but not otherwise.