Forrester v. Cook

This action is one in unlawful detainer wherein plaintiff by her complaint sought restitution of the premises described, being an apartment house, and damages for the unlawful withholding thereof, and for an attorney’s fee. She also prayed that damages be trebled. An answer and counterclaim were filed by defendants and on motion of plaintiff the counterclaim was stricken. On the morning of the day of trial defendants filed amendments to the answer disclaiming any interest in the property in dispute as of that date and tendering possession thereof to plaintiff. The cause was thereupon tried…