Heart of America Lumber Co. v. Belove

GARDNER, Circuit Judge.

This is an appeal from a judgment of dismissal entered on motion of appellee for a summary judgment pursuant to Rule 56(b) (c) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The action was brought by appellant as plaintiff below to recover damages for breach of covenant of a lease. It will b.e convenient to refer to the parties as they were designated in the lower court.

The petition alleges that on June 1, 1936, one J. E. Turner and the defendant entered into a lease in writing whereby defendant leased to said J. E. Turner a three-story brick…