Mildred McIntyre (plaintiff), the owner of a beauty parlor, leased a building owned by Nevin Dieffenbach (defendant). McIntyre leased the entire building, which consisted of four units. The lease was executed on April 30. However, there were still tenants in some of the units. Initially, Dieffenbach assured McIntyre that all the units would be vacant by June 1. When two of the units were still occupied on June 1, Dieffenbach then assured McIntyre that those two units would become available on June 7. When the units were still not fully vacated, McIntyre sued, claiming that lease entitled her to physical possession of the entire building. Dieffenbach argued that he was only required to transfer the legal right of possession, not physical possession. The trial court sided with McIntyre. Dieffenbach appealed.