Property · MBE-tested

The City v. Fitzgerald

2 Cin. Sup. Ct. Rep. 61·Cincinnati Superior Court·1870·OH

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Opinion

[Special Term, May, 1870.] The City v. Fitzgerald. [MAJORITY — Storer, J.] Storer, J. Action to recover rent due under a lease. The defendant demurred on the ground that there was no averment in the petition of a demand having been made. It appeared the parties-covenanted that an entry might be had for non-payment of rent without demand being first made. In Garratt v. Sweeney, 2 Disney, 601, we held, in General Term, that such a stipulation proved the necessity of a demand, on the authority of Lord Coke, in Dormer’s Case, 3 Co. 41. Demurrer overruled.