Leise v. Schiebel

The case involves questions of fact requiring appraisal of sharply conflicting testimony. Plaintiff pleads an oral agreement (during the summer of 1953) to terminate what was at best a very loose, continuing tenancy agreement that commenced December 1, 1949. The prayer is for a declaratory judgment “that the relationship * * * is terminated as of March 1, 1954, and that defendants by their words, acts and conduct are estopped from claiming any right to possession * * * from and after” that date.

The pleading however only alleges reliance by plaintiff upon defendants’ claimed conduct as…