Bronzin Holding Co. v. McGee

On December 1, 1924, the plaintiff leased to the defendant for a year an apartment in its apartment building. On May 15, 1925, the defendant ceased occupancy. The action is for the rent for June which became due June 1, 1925. The defense claimed is a constructive eviction. The amended answer • of the defendant was stricken as sham and frivolous. Judgment was entered for the plaintiff, and the defendant appeals from the order striking out and the judgment.

An answer, though on its face good, is sham when it is so clearly false that it tenders no genuine issue for trial. Sheets v. Ramer, 125…