Capehart v. Heady

Plaintiff appeals from a judgment entered upon an order sustaining demurrer without leave to amend to plaintiff’s second amended complaint, presenting as the sole question whether the limitation provided in the lease for bringing an action is, as a matter of law, unreasonable. Defendant demurred to the second amended complaint on the ground that the complaint did not state a cause of action in that it appeared that the alleged cause of action was barred by the provisions of the lease upon which it was based. The court sustained the demurrer without leave to amend.

Record

The second amended…