TRAPALIS v. GERSHUN

No. 52004.

145 N.W.2d 591 (1966)

Nick B. TRAPALIS & Margaret Trapalis, d/b/a Picky Nicky Cafe, Appellees, v. Ben J. GERSHUN and Selma Gershun, Appellants.

Supreme Court of Iowa.

October 18, 1966.


Attorney(s) appearing for the Case

Kenneth Sacks, Council Bluffs, and Robert Silverman, Omaha, Neb., for appellants.

Smith, Peterson, Beckman & Willson, and H. W. Walter, Council Bluffs, for appellees.


SNELL, Justice.

This is an action at law by a tenant against his landlord for alleged premature and unjustified termination of a 5-year lease. At the time of trial Margaret Trapalis, one of the original plaintiffs, was deceased. Nick B. Trapalis continued as plaintiff. Ben J. Gershun was deceased and his executrix substituted as defendant. The case has been twice tried with a verdict for plaintiff each time. The first verdict was set aside by the trial court and a...

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