Klepper v. Stover

The opinion of the court was delivered by

Robb, J.:

This is an appeal, in a suit to construe a lease and reform the legal description of certain real property, from the trial court’s order of April 2, 1963, overruling defendants’ motion to strike paragraphs No. 10 and No. 11 of plaintiff’s first cause of action set out in his second amended petition, and its order of May 14, 1963, overruling defendants’ demurrer to the same pleading.

On February 22, 1963, plaintiff filed his second amended petition alleging in pertinent part that he had obtained all the interest of the lessee in the twenty-five…