Herman v. Kennard Buick Co.

The only issue is whether the plaintiffs state a cause of action. The plaintiffs argue the nature of the suit is for relief against a forfeiture for the nonpayment of rent. The respondent argues that no equitable grounds are alleged to permit a court of equity in its sound discretion to enjoin the enforcement of the unlawful-detainer judgment because DiPiazza had an adequate remedy at law in the unlawful-detainer action and has failed to appeal from that judgment and because Herman is not entitled to possession and has transferred all his rights to the building and to the land to DiPiazza.

Earl…