Sexton v. Nelson

The plaintiff, as surviving lessor under a written lease, brought this action against the defendant, as lessee thereunder, to obtain a judgment declaring the lease terminated, for rental due, for an accounting, and for “such other and further relief as to the court may seem meet and proper in the premises.” The complaint, denominated “Complaint for Declaratory Relief,” was in two counts; the first thereof sought termination because of the defendant’s failure to exercise an option to purchase; and the second count based the right to terminate upon alleged breaches of the lease respecting…