Ruth v. Smith

Plaintiff’s avowed intent was to state a cause of action under subdivision 9 of section 3 of the unlawful detainer act of 1885 (1 Mills Ann. Stat. § 1973), providing that, “ When a vendee, having obtained *155possession under an agreement to purchase lands, or tenements, and having failed to comply with his agreement, withholds possession 'thereof from his vendor, or assigns, after demand therefor being duly made,” he shall be deemed and held guilty of an unlawful detention of real property. A demurrer was interposed by the defendant on the ground that the complaint did not state facts sufficient…