Mace v. Norwood

The opinion of the court was delivered by

Harvey, J.:

This was an action to recover rents. The appeal is from an order overruling plaintiff’s demurrer to defendant’s answer.

The pleadings may be summarized as follows: Plaintiff alleged that in February, 1939, he was the owner of certain described real property occupied by his tenant, Pansy Burge, at a stipulated monthly rental; that the defendant Norwood, claiming to be entitled to the rents, approached Burge and demanded payment of the rents, and upon Burge’s refusal demanded that no more rents be paid to plaintiff. Uncertain which one to pay,…