Frederick v. Kubisiak

PEDERSON, Justice.

The Kubisiaks appeal from a judgment and from an order denying their motion for new trial. We affirm the judgment and dismiss the appeal from the denial of motion for new trial. The judgment awarded Frederick possession of a portion of a building in which the Kubisiaks had operated a restaurant as tenants of Frederick’s predecessor in ownership of the building.

When Frederick purchased the building in October or November of 1980, the Kubis-iaks were hold-over tenants, their lease having expired on May 31, 1980. When the Kubisiaks failed to voluntarily surrender possession,…