Cruse v. Clawson

This is an appeal from a judgment entered on a jury verdict for wrongful constructive eviction from leased premises by the lessor landlord. The plaintiff, lessee, recovered judgment in the amount of $2,125 actual damages and $500 exemplary damages. The defendant lessor is appellant.

Plaintiff leased a cafe and kitchen from defendant for a 100-day season from May 28, 1958, agreeing to pay as rental ten percent of gross receipts weekly. The defendant was the owner and operator of a hotel facility including a cafe, cocktail lounge, bar and dance floor. The leased premises were separated from the…