Pennington v. Kross

The opinion of the court was delivered by

Thiele, J.:

This appeal arises from a ruling of the trial court denying appellant’s motion for judgment on the pleadings. For our purposes the pleadings may be very much summarized.

Plaintiff’s petition alleged that on March 24, 1939, he had leased from the defendant, Kross, the premises known as the Ritz Theatre, located at 122 East Fourth street, in Topeka, for a term of five years, and that he entered into possession and installed certain equipment; that in December, 1940, he closed the theatre temporarily for repairs; that his rent was paid to…