Boettner v. Czerny

This is an appeal from a judgment dismissing an action upon sustaining a demurrer to the fourth amended complaint. Since the question presented is a very narrow one, it will be necessary to state only in a general way the facts alleged.

It appears from the complaint that in 1927, appellant, Otto Boettner, and his deceased wife, Lola Boettner, leased certain real property to one Jerauld, for a term of ten years; that through mesne assignments, the property came into possession of Joseph S. Czerny (now deceased) and his wife, Klotilde W. Czerny, who assumed the obligations of the lease; that…