Marshall v. Smith

As indicated in the stipulation, the sole issue in this case is whether or not the plaintiff and the defendant, Stone Grill Company, are obligated under the lease attached to the petition, in view of the provision therein — “lessee covenants and agrees to use said premises in the operation of a tavern business and for no other purpose” and the fact that the township in which the leased premises are located was voted “dry.”

For the purpose of determining this the parties have fur-*303tber agreed that the Court can accept as true the allegations on the first page of the petition. Here among other…