Realty Holding Co. v. Donaldson, 268 U.S. 398 (1925)

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Realty Holding Co. v. Donaldson

No. 348

Argued April 28, 1925
Decided May 25, 1925
268 U.S. 398

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

1. An allegation that a defendant in the district court is a "resident" of the state in which the suit is brought is not a sufficient allegation of citizenship there, but the defect is amendable when such citizenship is conceded, and on appeal the amendment will be considered as made, rather than send the case back for that purpose. P. 399.

2. A suit for specific performance of the covenants of a lease is a suit to recover upon a chose in action within the meaning of Jud.Code § 24, "First," and cannot be maintained in the district court on the ground of diverse citizenship if the plaintiff sues as assignee of the lease and seeks only such additional relief as is purely incidental to the main object. P. 400.

294 F. 541 affirmed.

Appeal from a decree of the district court dismissing a bill for specific performance for want of jurisdiction.