Smith v. Traxler

Oxner, Justice.

This is an appeal from an order refusing to permit appellant to amend his answer by adding the defense of the Statute of Frauds.

The action, which is for the recovery of actual and punitive damages and grows oiit of a provision in a lease conferring upon respondent the option to purchase the demised premises in the event that appellant should desire to sell, was commenced on December 24, 1951. On January 12, 1952, appellant filed a demurrer to the complaint on the ground that it failed to state facts sufficient to constitute a cause of action. One of the specifications in the…