A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.

A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease. Correct Answer The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

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X' leases 'Y' a property for 10 years from 2000-2010 where the rent is payable on the 10th of every month. 'Y' does not pay any rent from the inception of the lease. 'X' sues in 2011 for the arrears of rent from 2005-2010 only.