Peters v. Newkirk

Plaintiff appeals from an order granting summary judgment against her, dismissing her complaint and dismissing defendant’s cross-complaint.

Plaintiff Phyllis Peters filed an unlawful detainer action against defendant Clarence Newkirk for triple damages. The complaint alleged an agreement by defendant to purchase, breach thereof by defendant, damages, and unlawful detainer by defendant. Defendant filed a general denial for answer and a cross-complaint for specific performance of the purchase contract. Plaintiff answered the cross-complaint substantially denying the facts on which defendant’s…