B-Lee's Sales Co. v. Shelton

Quilliant, Presiding Judge.

Plaintiffs filed a complaint for alleged rent due under a written ten-year lease for a service station which provided for a monthly rental of $1,500 and asserted defendants were in arrears in the amount of $23,000. Defendants’ answer stated the written lease was "orally modified two times” as to the rental amount and by failing to evict defendants and accepting the lesser amounts plaintiffs waived their right to sue for any deficiency and were estopped to hold defendants to the written lease.

The lease was to run from 1 April 1968, and expire on 31 March 1978. In…