Leader v. Joyce

Sheran, Justice.

Appeal from a judgment of the district court entered pursuant to an order granting plaintiff’s motion for summary judgment.

Action was instituted by plaintiff in the municipal court of the city of Hastings seeking restitution of an apartment in the Gardner Hotel’ located in that city. In the complaint plaintiff alleges that he is entitled to possession of the hotel as lessee of Mary K. Lowe, the owner, and that defendant wrongfully occupies an apartment in it because of his refusal to pay rent. By answer defendant claims to be in possession with permission of Helen A.…