Guerrein v. Pelham Electric Manufacturing Corp.

Laub, J.,

A rather unusual problem is presented by the preliminary objection in the nature of a demurrer which defendant has filed to this complaint in assumpsit. In it defendant contends that plaintiff fails to state a cause of action upon which relief can be granted.

The following are the pleaded facts.

Plaintiff, owner of a factory building, leased his property to defendant, a manufacturing company. Defendant placed certain items of machinery in the leased building and used them for its manufacturing purposes and not for any purpose of plaintiff. As a result of the use of the land for…