First Interstate Bank v. Broadway Mall, Inc.

Defendant appeals a judgment of restitution of the premises entered after the court struck all of its affirmative defenses. We affirm.

Plaintiff filed an FED action in November, 1982, to recover possession of a restaurant. Trial was set over twice on the basis of defendant’s promise to pay $8,200 to meet current rental obligations. The parties then agreed to arbitrate. Defendant paid $5,132.16 to plaintiffs attorney to disburse pursuant to whatever decision the arbitrator made. On April 15, 1983, the arbitrator awarded plaintiff $5,132.16 for rent through December, 1982, $2,233 for rent from…