Simos v. Clark

Appeal from an order striking out portions of the complaint.

The complaint alleges: On October 12, 1920, defendant owned a building in Fairmont which he desired to rent as a restaurant. The building was occupied by Oheney Brothers. In order to induce plaintiffs to take a lease of the building defendant stated that Oheney Brothers were occupying it temporarily and had no right to hold it longer than December 1, 1920; that their lease had been forfeited and determined and that possession would be surrendered on or before December 1, 1920, and that he could and would give possession to plaintiffs…