Heart of America Lumber Co. v. Belove

OTIS, District Judge.

Pursuant to Rule 56, 28 U.S.C.A. following section 723c, defendant has moved for summary judgment in this jury waived case (neither party has demanded a jury) in which plaintiff has brought suit for damages for alleged breach of contract. The contract sued on — a Kansas contract — was one leasing a three story brick building in Kansas City, Kansas, for a term of five years beginning June 1, 1936. The parties to the contract, as they appear from the signatures, were the defendant, as lessor, and one J. E. Turner, as lessee. (The petition alleges that Turner was acting as…