Reese v. Fultz

DIMOND, District Judge.

This suit arises over terms expressed in a written lease of real property and alleged contemporaneous oral agreements between the parties supplementing the lease but not stated therein. One of the prayers is for a declaratory judgment defining the rights of plaintiffs and defendants with respect to the property under the terms of the lease and of the alleged parol agreements.

The defendants have filed a motion to dismiss the plaintiffs’ complaint on the ground that the complaint does not state a claim against the defendants upon which relief can be granted. Heretofore,…