Scott v. Pilipo

OPINION OF THE COURT BY

ROBERTSON, C.J.

This is a reappearance of the case which is reported ante p. 349. The plaintiff claimed damages for breach of the covenant for quiet enjoyment contained in the lease entered into between the parties on August 21, 1894. It was held that a demurrer to the complaint was properly sustained on two grounds, namely: That it was not made to appear that the persons who, it was alleged, had prevented the plaintiff from *740obtaining possession of the demised premises claimed title under or through the lessors, or possessed a superior title to the land; and, that as the…