Richard Paul, Inc. v. Union Improvement Co.

LEAHY, District Judge.

Defendant says the complaint fails to state a claim upon which relief can be granted. The complaint alleges the parties executed a lease on May 11, 1942, for certain property in Wilmington to be used by plaintiff in its business. Plaintiff was to have possession on June 1, 1942. Plaintiff claims final possession was not acquired until September 15, 1942. Special and general damages are said to have been sustained between the period of June 1 and September 15, 1942. In the alternative, the complaint further alleges if there has been no breach of condition for delivery of…