Simpkins v. Brooks

CLAGETT, Associate Judge.

Appellant, plaintiff below, sued appellee “for damages for_ unlawful eviction” and asked for compensatory and punitive damages. Appellee, defendant below, filed a motion to dismiss on the ground that the complaint failed to state a cause of action. The trial court granted the motion to dismiss. Appellant stood upon his complaint and prosecutes this appeal.

Appellee is the landlord of a two-story residence and appellant was formerly the tenant of the first floor of such premises. In December, 1945, the appellee, after serving a notice to quit upon the tenant, filed suit…