Hall v. Abel Investment Co.

If the allegations of the plaintiff’s amended petition are true, as they must be assumed to be for the purposes of the demurrer, then he is entitled to some relief even though it is not the relief for which he prays. The City of Lincoln concedes in its brief that if he proves the al*258legations of his petition he would be entitled to have the conveyance set aside because it was obtained by reason of a misrepresentation that the property was being acquired for public use when in fact it was being acquired for private use. The City argues merely that the plaintiff is not entitled to the relief for…