Bowman v. Drum
Bowman v. Drum
Opinion of the Court
Plaintiffs, who leased certain premises from defendants upon which they operated a child care center, brought this action to restrain defendants from interfering with their enjoyment of the premises under the lease. In answering and counterclaiming defendants asserted, in gist, that they entered the premises at the request of plaintiffs’ agent because Duke Power was going to cut the power off and leave the children without electricity; because the rent was past due; and because plaintiffs had breached the lease by providing liability insurance for the premises with limits of only $300,000, whereas the lease required coverage with limits of $500,000. Following a hearing the court dismissed plaintiffs’ action upon affidavits and other materials which show without contradiction that plaintiffs had insured the premises with liability limits of $300,000, though the lease required limits of $500,000.
The decision is correct and we affirm it. The provision requiring plaintiffs to insure defendants’ premises in the amount of
Affirmed.
Reference
- Full Case Name
- LAURA A. BOWMAN and VICTOR H. MESSICK v. TRACY DRUM and wife, IRENE DRUM
- Cited By
- 1 case
- Status
- Published