Yarc v. American Hospital Supply Corp.

An order was entered in the Lake County Circuit Court on February 10, 1972, dismissing plaintiff Edward J. Yares second amended complaint with prejudice, and finding judgment in favor of defendants American Hospital Supply Corporation (hereafter, American) and B. F. Brown Company (hereafter, Brown). The dispositive issue presented in this appeal is whether the second amended complaint contained sufficient averments of fact to allege the creation of a hold-over tenancy between Yare and defendants American and Brown.

Plaintiff’s second amended complaint is based, in theory, on breach of a…