Wukasch v. Hoover

GRAY, Justice.

Appellants sued appellee on a written lease contract and alleged a present right of action against appellee by reason of 'his notice of intention to vacate the premises and his refusal to pay rent under the contract. Their prayer was for a judgment denying appellee the right to compel them to accept and treat as a surrender appellee’s vacation of the premises, for damages for breach of the alleged lease contract, for an attorney’s fee and for general relief.

After depositions had been taken, and after admissions had been made in response to a demand therefor, the trial court…