McShane v. Imperial Towers, Inc.

Miller, Justice:

Imperial Towers, Inc., appeals a jury verdict rendered in favor of its tenant, George H. McShane, in the amount of $1,239.53. The primary ground of error is the claim that the court erred in holding as a matter of law that under Imperial Towers’ lease with McShane, the failure to deliver possession of the premises on April 1, 1976, rendered it liable in damages.

The basic facts are not in substantial dispute. Imperial Towers agreed by a written lease to rent an apartment to McShane for a one-year term commencing April 1, 1976. At the time the lease was negotiated, there was an…