Craig Wrecking Company v. S.G. Loewendick & Sons, Inc.

526 N.E.2d 321 (1987)

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Nature of the Case

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Facts

Ps entered into a lease agreement with the heirs of Pringle for certain property to be used as a landfill. The term of the lease was five years and terminated on March 31, 1978. An option to renew for an additional five years was included in the lease. Ps frequently failed to make the lease rent payments and during the term of the original lease never satisfied the full amount. At the expiration of the original term, no written option to renew for the additional five years was exercised. Ps remained in possession. Ps were advised that the Pringle heirs had engaged D as the new landfill manager and D was to take charge of the landfill operation. No notice to vacate was received by plaintiffs. D entered the property with three pieces of equipment and dumped certain items contained on the property into a lake which abutted the landfill. Ps remained in possession despite D's entry and subsequently purchased the property in October 1983. Ps filed a complaint alleging trespass to both real and personal property. A directed verdict in D's favor was issued on the real property claims. The jury determined that no damages had resulted in Ps' personalty. Ps appealed.