Kelley v. R. F. Jones Co.

Judgment was entered in favor of plaintiff, as successor to the original lessor, and against defendant for $10,000 (unpaid rental for the last four months under a five-year lease terminating on April 30, 1966) ; a reasonable attorney’s fee, pursuant to the provisions of the lease, was also awarded. In rendering judgment for plaintiff, the trial court found against the affirmative defense that the lease was modified by an executed oral agreement between the parties where-under defendant was authorized to, and did, vacate the premises on November 1, 1965, thus releasing it from the liability…