Richard Barton Enterprises, Inc. v. Tsern

STEWART, Associate Chief Justice:

Defendants John F. Tsem and the Tsem Family Trust (collectively “Tsern”) appeal a judgment awarding plaintiffs Richard Barton and Richard Barton Enterprises (collectively “Barton”) a rent abatement under a commercial lease and the cost of repairing an elevator. Barton has cross-appealed the trial court’s award of attorney fees and interest. We affirm.

I. FACTS

On November 21, 1991, Barton and Tsern entered into an agreement titled “Earnest Money Receipt and Offer to Lease,” and on November 27, 1991, the parties executed a lease pursuant thereto for the first and…