Ravkind v. Jones Apothecary, Inc.

PEDEN, Justice.

Appellants brought this suit for rents and a reasonable attorney’s fee on a written lease whose primary term was for a period of ten years. Appellees had moved out of the leased premises many months before the end of the term, and the rents collected from the tenants who succeeded them were less than the amount agreed upon by the parties to this suit in their lease agreement.

Appellees’ answer alleged that appellants had breached their written covenant to repair by their failure to repair certain material defects in the premises and this breach made the premises unsuitable for…