Smith v. Geiger

Beasley, Chief Judge.

Defendant lessees Smith and Pass d/b/a Sylvan Hills Learning Center appeal the grant of a writ of possession, award of attorney fees and costs, and the denial of their motion for new trial in favor of plaintiff landlords, the Geigers, who sued to regain possession of a day care center.

On November 15, 1985, the parties entered into a lease-purchase agreement for “a business known as Sylvan Hills Learning Center, an ongoing concern engaged in the care of children.” Originally, the term of the lease was three years and the monthly rental was $1,800. The lease provided for…