Powers v. Kirkman Laboratories, Inc.

This is a forcible entry and detainer action brought by plaintiffs, the lessors, to recover possession of real property from defendant, a commerical tenant, whose lease of the premises was terminated for failure to pay rent when due. The trial court found that the defendant paid the rent in question in advance and was entitled to maintain possession of the premises. Plaintiff appeals from the judgment entered for defendant. Defendant cross-appeals from the failure to award attorney fees. We reverse.

The facts are not in dispute. In April, 1964, defendant’s and plaintiffs’ predecessors in…