Sorrento Italian Restaurant, Inc. v. Franco

Jordan, Judge.

The trial court did not err in sustaining the general demurrer to the petition of the plaintiff corporation for the reason that it was not alleged in said petition that there had been a written assignment of the lease agreement by the assignees of the original lessee to the plaintiff corporation. This being a suit brought ex contractu to recover damages for breach of a written contract, the plaintiff corporation must necessarily show that it was a party to the contract sued upon by assignment from the assignees of the original lessee (no question of third party beneficiary being…