Buck v. Mueller

The plaintiff commenced this action against the defendant to recover damages for breach of a covenant in an executed lease granting him an option to release the property of the defendant.

The defendant demurred to the complaint on the ground that the complaint failed to state a cause of action. The demurrer was sustained by the trial court, and the plaintiff has appealed.

The plaintiff’s complaint, insofar as it is pertinent to this opinion, alleges the following:

“V.

“On or about August 1, 1952, and more than 90 days prior to the expiration of said lease, plaintiff exercised his said option to…