B-W Acceptance Corp. v. Benack

CLEMENS, Commissioner.

The essential issue here is the defendants’ contention that the trial court erred by ordering a separate trial on the issue of plaintiff’s right to possession in a statutory landlord-tenant suit — separate from the landlord’s claim for unpaid rent and the defendants’ counterclaim for damages for tortious conspiracy to defraud. Lesser issues are the defendants’ right to a continuance and their contention that six months’ rent is not “a half year’s rent.”

On the separate trial for possession the plaintiff landlord got a verdict and judgment, and the defendant tenants have…