Salina Coca-Cola Bottling Corp. v. Rogers

The opinion of the court was delivered by This was an action by a tenant against the landlord for
reimbursement of rents paid in advance over the full period of a
term lease in accordance with the provisions of the lease
contract, the building having been destroyed by fire before the
expiration of the term. The defendant's answer pleaded as a
defense that the fire was occasioned by plaintiff's, the
tenant's, negligence. The defendant also filed a cross petition
in which she sought recovery for the value of the building. Plaintiff's reply contained a demurrer to defendant's answer
based on the grounds (1) the answer failed to constitute a
defense; and (2) several causes of action were improperly joined.
The reply also contained a demurrer to the cross petition on the
grounds (1) it failed to state a cause of action and (2) it
constituted a misjoinder of causes of action.