Bailey v. Hedgeman

Plaintiff, Claude Bailey, filed a complaint in forcible entry and detainer to oust defendant, Herbert L. Hedgeman, a contract purchaser. The trial court entered an order on December 2, 1986, awarding plaintiff possession of the real estate, although staying enforcement of the order 30 days from November 26, 1986. Defendant appeals the order for two reasons: (1) that plaintiff’s demand for possession was inadequate at law and (2) that the court improperly denied taking into consideration allegations of plaintiff’s breach of contract as possible defenses. The relevant facts are as follows.

Plaint…