Bedell v. Daugherty

LOZIER, C.

Plaintiff sued for $10,000 damages for alleged’ wrongful eviction from an apartinent. He appeals from the dismissal, with prejudice, of his petition for failure to state a claim upon which relief could be granted.

The issue submitted here was whether the petition showed an unlawful constructive eviction of plaintiff-tenant based upon defendant-landlord’s alleged false and fraudulent representation to the federal area rent director. However, as will appear, whether there Avas a constructive eviction is not decisive. It is not necessary to rule the eviction issue, including defendant’s…