Gordon v. Schneiker

BABCOCK, Judge.

Defendant, Jakob Schneiker, (sublessor) appeals the trial court’s judgment entered on his counterclaim limiting damages to rent due from Darrell Gordon and Gary Peterson (sublessees) for the months prior to the cancellation of a primary lease. We affirm.

In the fall of 1981, sublessees, after operating for seventeen months a carwash business upon premises leased from sublessor, ceased paying rent, abandoned the premises, and sued sublessor for deceit. Subles-sor counterclaimed for rent due over the full term of the sublease, which, like the prime lease, was to end in May 1983.

In…