Charles L. Krull and Xavier Improvement Company v. Eduardo Somoza

This is an appeal of a forcible entry and detainer action. We affirm. On September 15, 1988, Charles Krull, (Krull), entered
into a 3 year property lease with Joseph Maxwell and the Maxwell Corporation, (Maxwell). The lease contained an option to
renew, which Krull claims he exercised on April 4, 1991, and which Maxwell claims was never received. In early to mid 1991,
Krull contracted to sell his business to "The Somoza Group."1 Before closing, Krull placed The Somoza Group in possession
of the subject property. Closing never occurred. The lease between Krull and Maxwell expired on September 15, 1991, and The
Somoza Group executed a lease with Maxwell on September 16, 1991, for the same premises. Krull sued the Appellees in state district court for damages, and asked for an injunction. His request for a temporary injunction
was denied. Krull filed a forcible entry and detainer action for possession of the premises in justice court and won. The
decision of the justice court was appealed by the Appellees to county court for a trial de novo, and was tried by competing
summary judgments. Appellants asked for damages for the first time in their summary judgment motion. Appellants' summary judgment
was denied, and Appellees' summary judgment was granted. Appellants then appealed the trial court's decision to this Court.