Merki v. Merki

In view of the contentions of defendant hereafter noticed it becomes of importance first of all to determine whether plaintiff was entitled to maintain this action, and if so, under which clause of the second section of the Forcible Entry and Detainer Act.

The proof showed without contradiction an agreement between plaintiff and John Merki, Sr., that the latter should occupy the house to be erected upon the lot purchased by plaintiff until the death of John Merki, Sr., and that thereupon the property should revert to the plaintiff. As one of the witnesses puts it, “The old gentleman said ‘when…