Volpert v. Papagna

OPINION

By the Court,

Thompson, C. J.:

This is an appeal by lessees [Volpert and Murray] from a summary judgment for lessors [Papagna and Rott] in an unlawful detainer case. The predicate for suit was the lessees’ failure to pay rent. A three-day notice to pay or quit was served upon them before suit was commenced. The lessees answered, pleading affirmative defenses which were later stricken by the court. The lessors were restored to possession by temporary writ, and subsequently moved for summary judgment which was granted. The judgment awarded rent, damages, costs, attorney’s fee, and…