Kolve v. Maid Rite Shops, Inc.

This is an action for an agreed rental. Defendants appeal from a judgment for plaintiffs based upon quantum meruit.

Defendants occupied a restaurant premises belonging to plaintiffs without a binding written lease. No evidentiary detail is attempted here to explain how this occurred. Defendants’ first contention is that the complaint was based upon a specific agreement and, therefore, the trial court erred in giving a judgment based on quantum meruit.1 Defendants argue that they were thereby taken by surprise and that the evidence does not support a judgment for an agreed rental, which was the…