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Commercial tenants ordered to pay rent arrears; counterclaim for alleged oral promise to build deck dismissed.
The plaintiff landlord sued the defendant tenants for unpaid rent and property taxes under a commercial lease for a golf driving range.
The defendants counterclaimed, alleging the landlord breached an oral agreement to finance and build a year-round deck structure, and breached the duty of good faith by orchestrating their default.
The court found that the parol evidence rule did not bar consideration of unsigned collateral agreements, but concluded the evidence did not support the defendants' claim that the landlord promised to pay for the deck.
The counterclaim was dismissed, and the plaintiff was awarded $63,000 for unpaid rent and taxes.
