Burnett v. Greenwood

The opinion of the court was delivered by

Parker, J.:

This was an action to recover damages and the appeal is from an order sustaining a demurrer to plaintiff’s second amended petition on the ground that pleading failed to state a cause of action.

Stripped of all excess verbiage, and given the benefit of inferences to which it was entitled at the time of the ruling on the demurrer, the involved pleading states in substance:

That the defendants Karl W. and Martha Greenwood occupy and operate a restaurant known as “69 Grill” in Miami County as tenants of J. H. and Maurine L. Phillips, under and by…