Winter v. Bens

Eespondent’s complaint alleged rental April 25, 1938, for $50 a month payable in advance on the 25th of each month, of the Casino building at Atlanta, to appellant; continued occupancy thereafter of said building by appellant; failure to pay rent for September, October, November and December, 1939; that the same, amounting to $200 is due and unpaid and prayed for judgment for that amount.

Appellant filed a general demurrer; and a special demurrer that the complaint purported to be founded on a written instrument of the same date for two years which was not set out in the complaint or attached…