Mariani Air Products Company v. Gill's Tire Market

CALLISTER, Chief Justice.

Plaintiff initiated this action to recover the rental payments for the remaining six months of the term under a written lease of certain real property. The matter was tried by the court, and plaintiff was awarded judgment; defendant appeals therefrom.

Defendant, lessee, leased the premises from the plaintiff, lessor, for a term of eighteen months, beginning March 20, 1970, at a rental of $300 per month. Defendant proceeded to conduct a retail and wholesale tire business on the premises. Sometime in November 1970, defendant ceased the retail operation but continued to…