Molique v. Allen, Unpublished Decision (2-6-2004)

OPINION

{¶ 1} Terry and Shay Molique appeal from the trial court's judgment entry largely rejecting their breach-of-contract and contribution claims against appellees Danielle and Rae Allen for unpaid rent.

{¶ 2} The Moliques advance three assignments of error on appeal. First, they contend the trial court erred by ruling in favor of the Allens on the basis of waived affirmative defenses such as constructive eviction and anticipatory breach. Second, the Moliques assert that the trial court erred by applying the affirmative defense of constructive eviction when this case involved a dispute…