Burger King Corp. v. Garrick

Banke, Judge.

This is a dispossessory proceeding, initiated by the appellant, based on the appellees’ alleged failure to pay rent. The appellees paid all the the back rent alleged to be due into the registry of the court and, pursuant to court order, also paid the monthly rental payments into the registry of the court as they became due. These payments were transferred to the appellant, so that at the time of trial the appellees owed no back rent. However, pursuant to a "Lease and Restaurant Operating Agreement” executed by the parties, the appellees were obligated to pay, in addition to rent,…