Schneiker v. Gordon

Schneiker (defendant) leased property to operate a car wash and later sublet it to Gordon (plaintiff) on the same term, through May 1983. Gordon stopped paying rent and abandoned the property in August 1981, leaving it in disrepair; unable to relet it in that condition, Schneiker instead settled with his own landlord and surrendered the primary lease in February 1982. Gordon sued Schneiker for misrepresenting the car wash's profitability, and Schneiker countersued for breach of the sublease. The trial court awarded Schneiker rent only up through the date he surrendered the primary lease, and the appellate court affirmed.