Hill

Plaintiffs, lessees, and defendants, lessors, each appeal from a judgment in favor of plaintiffs entered in an action seeking recovery under provisions of a lease. Plaintiffs challenge the trial court’s failure to award them full compensation pursuant to the lease and also to award them attorney’s fees under a provision in the lease. Defendants’ cross-appeal challenges the trial court’s decision awarding plaintiffs any damages at all in view of the court’s conclusion that plaintiffs breached the lease under which recovery was sought. In its intended decision, the trial court characterized the action as “a classic case of restitution” and entered a judgment reflecting the application of equitable principles. Both parties register disagreement with the trial court’s reasoning and conclusion.

In August of 1957, the parties entered into a lease agreement for the construction and occupancy of a building. The major portion of the building was to be occupied and used by plaintiffs for a market and the remainder was to be sublet by plaintiffs for various satellite enterprises. Construction was completed in 1959.

In 1967 or 1968 the roof started to leak over the market portion…