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EMRICH v. JOYCE'S SUBMARINE SANDWICHES

No. 86CA0635.

751 P.2d 651 (1987)

R.D. EMRICH and J.L. Bray, Individually and d/b/a The Plaza 25 Company, Plaintiffs-Appellees, v. JOYCE'S SUBMARINE SANDWICHES, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 19, 1987.

Certiorari Denied March 28, 1988.

Attorney(s) appearing for the Case

William M. Kane, Grand Junction, for plaintiffs-appellees.

Stuart G. Barr, P.C., Stuart G. Barr, Denver, for defendant-appellant.

CRISWELL, Judge.

Defendant, Joyce's Submarine Sandwiches, Inc. (tenant), appeals from the district court's judgment awarding plaintiffs, R.D. Emrich and J.L. Bray (landlords), damages and attorney fees under a lease provision authorizing landlords, in the event of a default in the payment of rent by tenant, to terminate the lease and to collect damages resulting from the default. We affirm.

I.

We reject the tenant's assertion that the lease contains...

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