ESKANOS AND SUPPERSTEIN v. IRWIN

No. 80CA0481.

637 P.2d 403 (1981)

ESKANOS AND SUPPERSTEIN, a partnership d/b/a Tower Plaza Shopping Center, Plaintiff-Appellant, v. Art IRWIN and Marion Irwin d/b/a Art's Photography, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

November 5, 1981.


Attorney(s) appearing for the Case

Barash, LeHouillier & Walsh, Patric J. LeHouillier, Colorado Springs, for plaintiff-appellant.

No appearance for defendants-appellees.


SMITH, Judge.

Plaintiff initiated this action to recover unpaid rent based on defendants' allegedly unjustified abandonment of a commercial lease. Defendants counterclaimed for damages, alleging that they had been constructively evicted from the premises. After a trial to the court, plaintiff's complaint was dismissed and damages were awarded to defendants on their counterclaim. On this appeal, plaintiff contends that the trial court erred as a matter of law in concluding...

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