W. W. Auto Parts, Inc. v. Hyak

POPE, Justice.

W. W. Auto Parts, Inc., as tenant, sued Matry L. Hyak, its landlord, for damages for breach of a lease agreement. The tenant failed to obtain jury findings of damages, and on the landlord’s cross-action, the court rendered judgment against the tenant for unpaid rent in the sum of $4,500. On appeal, the tenant urges that the landlord breached the lease agreement and that the court should have ruled that there was a rescission from and after the breach. In suing for damages, the tenant affirmed the lease agreement and was bound by its rental obligations. Tenant did not plead or…