Cairnes v. Walter

The appellant demurs to plaintiff’s complaint on the ground that it fails to state facts sufficient to constitute a cause of action. This was overruled.

In determining the correctness of this ruling and the sufficiency of this pleading, the " whole complaint must be considered.

This is not an action for damages by reason of any breach of a covenant in the lease, but for damages by reason of a breach of the agreement which induced the making of the lease, to wit: That the defendant, knowing the premises were untenantable and uninhabitable, would put the same in proper condition; that, believing…