Pepsi-Cola Metropolitan Bottling Co. v. Miller

In this holdover proceeding to recover possession of commercial real property, the named respondents set up two affirmative defenses in which they assert (1) that the 30-day notice, petition and notice of petition are defective in that they do not designate as a party respondent the actual occupant of the premises and (2) that said actual occupant (a corporation) was not properly served with the 30-day notice. They also assert a general denial.(1) As to the propriety of the designation of the party respondent.

At the trial the named respondents demonstrated that although they were originally…