Plastone Plastic Co. v. Whitman-Webb Realty Co.

MERRILL, Justice.

This is an appeal from an involuntary nonsuit because of the overruling of plaintiff’s demurrer to defendant’s plea. All counts were stricken except Count 3, to which appellee filed Plea 1. The demurrer to Plea 1 was overruled and appellant took the nonsuit.

Appellant (lessee) sued appellee (lessor) for damages as a result of the destruction of the leased building by fire. The complaint alleged that the leased premises were located upon a city block, all of which was under the ownership and active management of appellee; that there was a large courtyard running across the back…