Truetried Service Co. v. Hager

Porter, Judge.

Plaintiff-appellant Truetried Service Company appeals from a judgment following a bench trial in favor of defendants-appellees Gene Hager and Brad Bush arising out of plaintiffs claim for rent under a five-year lease of commercial premises to defendants. Plaintiff contends that the trial court erred in holding that defendants’ performance under the lease was excused by commercial impracticality. We agree and reverse for the reasons hereinafter stated.

The case arose out of plaintiffs lease of commercial property on E. 185th Street in Cleveland to defendants for use as a tavern…