Fun Products Distributors, Inc. v. Martens

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, ERWIN and BURKE, JJ. ERWIN, Justice.

The defendants, Fun Products Distributors, Inc. and Nick Rauch, appeal from a Judgment and Order of Eviction entered against them in this forcible entry and de-tainer action on April 22, 1975, by District Court Judge Warren A. Tucker. The Judgment and Order of Eviction were affirmed by Superior Court Judge Ralph E. Moody on September 19, 1975. We reverse the decision.

Appellants’ argument on appeal is that the trial court erred by refusing to hold that as a matter of law appellee’s predecessor in…