Edith Inv. Co., Inc. v. Fair Drug, Inc.

TURNAGE, Presiding Judge.

Edith Investment Company brought suit against Fair Drug, Inc., for back rent and termination of a lease under which Fair Drug occupied premises owned by Edith. Fair Drug filed a counterclaim in which it sought damages for loss of business and damage to its merchandise because of leaks in the roof and sought a declaratory judgment that it had the right to assign the lease. The court entered judgment in favor of Edith on both its petition and the counterclaim.

On this appeal Fair Drug contends the court erred in: (1) terminating the lease for failure to pay rent and it…