This was an action by-the appellee against the appellant for the recovery of other instalments of rent on the same lease that was the foundation of the action in the case between the same parties, decided by this court at the present term, 33 Ind. 529. The defenses were the same, and the questions presented here are the same, as in that case.

For the reasons there given, the judgment is affirmed, with five per cent, damages and costs.