Stroup v. Conant

This is a suit to rescind a lease of space in a building in which the tenant undertook to operate the “Birds & Bees Adult Book Store.” Plaintiff’s complaint alleged that she was induced to enter into the lease in reliance upon the false representation by defendant that he intended to use the leased premises for the sale of watches, wallets, chains, novelties and a few books and magazines and imported items. Defendant appeals from a decree rescinding the lease. We affirm.

Defendant contends that there was no evidence of misrepresentation, reliance or damage. It thus becomes necessary to…