Verkin v. Southwest Center One, Ltd.

OPINION

O’CONNOR, Justice.

This is an appeal from a summary judgment for plaintiff. We reverse and remand the cause to the trial court.

Defendant, William P. Verkin d/b/a Ver-kin Properties, leased property from plaintiff, Southwest Center One, Ltd., for $9,949.58 per month beginning April 1, 1987. Defendant paid full rent for several months and then began making partial payments. Plaintiff sued for past-due rent totalling $40,257.48, plus late payment penalties, attorney’s fees, interest, and costs. The court granted plaintiff a summary judgment for $45,783.22.

Defendant contends: (1) the trial…