Kaybill Corp., Inc. v. Cherne

Plaintiffs brought an action for a declaratory judgment to declare their rights as lessees of defendants’ property. Defendant Helen Cherne died subsequent to the execution of the lease. Her death was suggested, and the proceedings continued as to her son John Cherne, defendant herein. Defendant appeals from the judgment of the trial court declaring plaintiffs to be lessees for an additional term of 6 years, and entering judgment against defendant as to his forcible detainer proceedings.

In mid-November 1965, plaintiffs William Ellis and Catherine Ellis, his wife (Ellises), as lessees, entered…