Stroope v. Smith

hThe Defendant’s resort of self-help in this case caused damages to Plaintiff. There is a clear equity in Plaintiffs favor. Nevertheless, I must dissent because the trial court and the majority’s punishment of Defendant does not fit his crime and conform to our law of obligations and contract.

The trial court’s judgment before us provides that “it is further ordered, ad-: judged and decreed that Defendant is not entitled to ... future rents.”. Importantly, the disruption of Plaintiffs business and leasehold was for only two months. The trial court found that Defendant violated the 5-year lease…