Orgain v. Butler

O’QUINN, Justice.

Six apartment tenants brought this lawsuit to recover refunds of deposits made with their landlords, as security for full and faithful performance of the lease contracts, and for exemplary damages, upon refusal of the landlords to refund the deposits in full after expiration of the leases.

The landlords, prior to suit, tendered partial return of the deposits and sought to forfeit substantial portions of the deposits as penalties for property damage and for expenses, including cost of cleaning carpets and removing glass from a swimming pool.

The cause was tried before the court…