Washington Square, Inc. v. First Lady Beauty Salons, Inc.

Plaintiff brought this FED action to recover posses-on of commercial premises leased for more than one ear. Defendants appeal from the trial court’s judg-ient for plaintiff. We reverse and remand.

Defendant’s first assignment of error is that the ial court erred in striking their third and fourth ffirmative defenses. Defendants’ third affirmative ifense was that their failure to make timely pay-tents of rent was due to "excusable accident or mis-tke.” The fourth affirmative defense was that plain-ff was estopped to terminate the tenancy. Both de-mses were based upon the allegation that,…