Peninsula Rapid Transit Co. v. Santa Clara Valley Land Co.

This is an appeal by the defendant from a judgment against it in an action for rent due under a lease. The judgment followed the entry of defendant’s default. A general demurrer was interposed to the complaint and overruled. The defendant failed to answer and contends, upon appeal, that the demurrer was improperly overruled. The only point presented is as to the sufficiency of plaintiff’s pleading.

The points urged in support of the demurrer are that the complaint contains no allegations that the defendant leased the premises from plaintiff; that the defendant was ever in possession of the…