Garbaczewski v. Vanucci

Plaintiff brought an action in forcible detainer to recover possession of a store occupied by defendants under the terms of a written lease, on the ground that defendants failed to pay past due rent after demand in writing. Trial by the court without a jury resulted in a finding and judgment in favor of defendants. Plaintiff appeals.

The premises here in controversy were leased by defendants from plaintiff for use as a restaurant for a period of three years commencing October 1, 1949, at a monthly rental of $85 payable on the first of each and every month. Defendants paid plaintiff rental for…