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ANDERSON DRIVE-IN THEATRE v. KIRKPATRICK

No. 18,381.

123 Ind. App. 388 (1953)

110 N.E.2d 506

ANDERSON DRIVE-IN THEATRE, INC. v. KIRKPATRICK, ET AL.

Court of Appeals of Indiana.

Rehearing denied March 12, 1953.

Transfer denied April 9, 1953.

Attorney(s) appearing for the Case

Pence, O'Neill & Diven, O'Neill, Scott & Schrenker, all of Anderson, Dan C. Flanagan, and James P. Murphy, both of Fort Wayne, for appellant.

Busby, Davisson & Cooper, of Anderson, for appellees.

ROYSE, C.J.

Appellees brought this action against appellant for rent under the terms of a twenty-five year lease of real estate owned by appellees. The complaint was in the usual form. Appellant answered by a denial of the allegations of each rhetorical paragraph of the complaint. It also filed an amended second paragraph of answer and cross-complaint. Appellees' demurrer to that answer and cross-complaint was sustained. That ruling is the sole question presented...

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