Parris-West Maytag Hotel Corp. v. Continental Amusement Co.

MOORE, Justice.

This is an appeal from a forcible entry and detainer decree ordering defendant’s removal from a theatre and two adjacent spaces in the Maytag Hotel Building in Newton. Plaintiff alleged defendant as a sublessee had no right of possession as the primary lease had been forfeited after default by lessee. The trial court found against defendant’s pleaded affirmative defense that the primary lease had been voluntarily surrendered long before the attempted forfeiture and therefore defendant’s rights under its sublease remained in effect.

The main thrust of defendant’s propositions…