Johnson v. Englestein

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Plaintiff brought suit against the defendants to recover $2,500, with interest thereon at 5 per cent per annum, from April 7,1923, claiming that this sum had been paid under the terms of a written lease which had terminated. Plaintiff’s statement of claim, on motion of the defendants, was stricken, on the ground that it did not state a cause of action, and leave was given to file an amended statement of claim, which was accordingly done, and the amended statement of claim was also stricken, on motion of the defendants, because…