Wells v. Dungey

MASON, Associate Judge.

Wells seeks review of a final judgment denying his claim for damages predicated upon Dungey’s breach of a lease agreement. We reverse.

Wells leased commercial property to Dun-gey by a lease agreement executed July 10, 1975. The lease was for a term of five years beginning August 15, 1975, with rent payments in the amount of $1,000 per month due and payable on the 15th of each month. The lease also provided that an additional $1,000 was to be paid “as security deposit” which also could “be used as partial down payment if lessee buys property or if not last month’s rent.”…