THALMAN v. Montgomery Ward & Co.

The appellants are the owners of a store, building in downtown Kokomo, Indiana, which is now in the possession of the appellee under the terms of a 10-year lease and its renewals executed in 1933 and effective on March 1, of that year. Asserting that the appellee paid them only a part of the rent due, under the terms of said lease, from March 1, 1933, through February 29, 1948, the appellants brought this suit to collect the unpaid balance thereof and recovered judgment in the sum of $3,909.62. Dissatisfied therewith they prosecute this appeal predicating their right to a reversal largely on…