Bruce v. Stork's Nest, Inc.

DANAHY, Judge.

The Bruces sued for rents due them as sublessors of commercial property. In the amended final judgment before us, appel-lees, sublessees of the property, were awarded damages on their counterclaim. The Bruces contend that the trial court should have directed a verdict in their favor on the counterclaim. We agree and reverse.

Appellees’ counterclaim was founded on three theories: (1) fraudulent misrepresentation of the premises; (2) intentional interference with appellees’ business relationships; and (3) retaliatory and wrongful eviction. Each theory requires proof of damages. See…