Herrmeyer v. Kleeman

Plaintiffs claim trial court error in submitting to the jury as a matter of law that plaintiffs breached their lease of the office space. The attack is three-pronged, and each prong will be dealt with separately.

Plaintiffs first argue they did not breach the four-month lease by payment of the April rent on April 2nd. The rent for April was due “in advance.” Defendant claims it was due by March 31st. Plaintiffs claim it was due on April 1st, claiming they had all day of April 1st in which to make such rent payment, citing cases in other states so holding.

However, on appeal plaintiffs rely on…