Ehrlich v. Teague

Almand, Justice.

The petition of the lessee, in so far as it seeks injunctive relief against the lessors’ instituting dispossessory proceedings, does not state a cause of action, for the reason that the lessee has an adequate remedy at law; and if, as he contends here, there has not been a forfeiture of the lease by his failure to pay or tender the monthly rental, such fact would constitute a good defense to a dispossessory proceeding. If the petition states a cause of action, it must be upon other grounds, such as (1) to prevent a multiplicity of suits or irreparable injury; or (2) to compel…