Robey v. Plain City Theatre Co.

Two main questions of law are urged here by the plaintiffs in error:(1) As the petition specifically states that the plaintiffs in error “still own the building in which said Princess Theatre was located,” and since the prayer of the petition is based upon a contract which in terms applies only to the “use” of the Princess Theatre, it is claimed that the petition does not state a cause of action. In support of this point plaintiffs in error urge that since the Eobeys still own the building no interest in real property has been parted with by them to which a contract such as that set up in the…