Whitcomb v. Brant

The opinion of the court was delivered by

Minturn, J.

The complaint in this case was stricken out at the Circuit, and from that order this appeal has been taken. The situation presented is as though a demurrer under the former practice had been interposed to the declaration.

The complaint alleges that about April 10th, 1906, the plaintiff entered into a written iease under seal, for a term of years, with defendant, as owner of certain premises in the city of Newark, at the annual rental of $2,400, payable in equal monthly installments. In April, 1912, the plaintiff notified defendant that he had…