McCaskey v. Duffley

This is an action to determine the present right to collect rentals payable monthly under a fifty-year lease. Only the record proper is brought here for review upon defendant's writ of error. Suit was commenced January 18, 1928, when plaintiff filed a petition claiming to be entitled to all rentals accruing under the lease. The contention here is that this petition failed to show that plaintiff had a cause of action. The undisputed facts, which appear from the pleadings, show that plaintiff was the only child and sole heir of John Donovan, deceased, who owned the land covered by the lease,…