Nickles v. Sullivan

HOOD, Judge.

Appellee Sullivan sued for possession of certain commercial property, alleging that appellant Nickles held possession under an expired leasehold. Nickles filed a :sworn answer- denying • Sullivan was entitled' to possession. He further alleged - that “he is entitled to title and possession of.the premises having entered into a valid and binding contract to purchase same prior to the alleged sale of the premises to the plaintiff,” and requested that the case be certified to the District Court for trial.

At trial before court and jury, Sullivan’s counsel in his opening statement said…