Foothills Mall v. Farrell

Sanders, Chief Judge:

Respondents William J. Oates and John E. Walton brought an action for declaratory judgment against appellant Leonard F. Farrell, Jr. seeking an order of the Circuit Court that Farrell had breached a lease entered into with their assignor. Farrell demurred to the complaint on the ground that it did not state a cause of action. The *372Honorable Frank Eppes issued his order for the Circuit Court overruling the demurrer. Both parties then moved for summary judgment on the ground that there was no genuine issue of any material fact. The Honorable C. Victor Pyle issued his order…