Hignell v. Gebala

Plaintiffs were awarded a judgment for restitution of premises, attorney’s fees, and declaring a forfeiture of lease on the ground that defendant had violated the terms of the lease by operating a real estate business on the leased premises. Thereafter defendant filed a petition for relief against forfeiture. The court ordered this petition dismissed. Defendant appeals from both the judgment and the order made after judgment. Whether defendant actually operated such business is the main fact issue in the case.

Defendant contends (1) that there is insufficient evidence to justify a finding that…