Whitehead v. Henry

1. (a) This is what generally termed an O.P. A. ease. Elizabeth Whitehead, whom we shall call the plaintiff, filed a petition against James Henry, whom we shall call the defendant. The petition was brought in two counts. The defendant demurred to the petition generally. The court sustained the demurrers and dismissed the petition on both counts. On this judgment the plaintiff assigns error here.

The petition, omitting the formal part, alleged in count 1 that the defendant was landlord continuously from January 5, 1948, to September 5, 1949, for housing accommodation located within the City of…