Maki Et Ux v. Nikula

(Pro Tempore)

This was an action filed by the plaintiffs against the defendants for unpaid rental accruing on a lease after the premises were vacated by the defendants. The answer, among other things, alleged constructive eviction.

Trial was had before a jury which returned a verdict for the defendants. Plaintiffs moved for judgment notwithstanding the verdict, which motion was granted and judgment entered accordingly.

This appeal is by the defendants from that judgment notwithstanding the verdict.

On September 4, 1953, a written lease attached to the complaint as exhibit A was executed whereby…