Kaplan v. Clark Co.

Quillian, Presiding Judge.

The defendant appeals from a judgment for the plaintiff in a suit on a lease contract. The trial judge, sitting without a jury, found the plaintiff entitled to recover $12,500 less $2,500 diminution of damages for the plaintiff’s failure to repair the roof of the subject premises. Held:

1. (a) The defendant argues that the evidence required a finding for the defendant in a greater amount than $2,500 for diminution and reduction of the total rent due. This contention is predicated on opinion testimony offered by the defendant as to what the rented premises were worth…