Emrich v. Joyce's Submarine Sandwiches, Inc.

CRISWELL, Judge.

Defendant, Joyce’s Submarine Sandwiches, Inc. (tenant), appeals from the district court’s judgment awarding plaintiffs, R.D. Emrich and J.L. Bray (landlords), damages and attorney fees under a lease provision authorizing landlords, in the event of a default in the payment of rent by tenant, to terminate the lease and to collect damages resulting from the default. We affirm.

I

We reject the tenant’s assertion that the lease contains a provision for the collection by landlords of an improper penalty. The lease provides that, in the event of a non- cured default by the tenant, the…