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06/14/83 GREAT MIDWEST ENTERPRISES v. GEORGE M.

June 14, 1983

GREAT MIDWEST ENTERPRISES, INC., APPELLANT
v.
GEORGE M. PRECHT, ET AL., RESPONDENTS



From the Circuit Court of Jackson County; Civil Appeal; Judge James A. Moore; Reversed and Remanded With Directions

Motion for Rehearing Overruled, Transfer Denied August 2, 1983. Application Denied September 20, 1983.

Before Somerville, C.j., Shangler, Pritchard, JJ.

The opinion of the court was delivered by: Pritchard

The issue is whether appellant was entitled to terminate a restaurant lease because of respondents' alleged failure, in accordance with a provision of the contract, to comply with ordinances governing the number of parking spaces to be provided for the restaurant. Appellant also claimed, under the lease, to be entitled to the value of "rattleware", liquor and food inventory at its cost; to a return of its $10,000.00 security deposit; for loss of profit due to respondents' failure to install a beer system within 30 days of appellant's request therefor; and for damages for failure to create additional parking by removal of a fence, and failure to do additional grading, paving and striping of parking within 90 days of the closing of the lease agreement. Respondents filed an answer denying generally appellant's allegations, and a counterclaim for the balance of rent due under the lease.

The trial court found that appellant was obligated to pay 12 months rent totaling $30,000.00; that it had paid four payments of rent, or $10,000.00, leaving a balance owed of $20,000.00; and that appellant had incurred a gas bill for $433.66 which respondents had to pay. This recap was entered by the trial court:

Appellant is entitled to its deposit $10,000.00

Appellant is entitled to rattleware inventory 5,200.00

Appellant is entitled to food inventory 3,300.00

$18,500.00

Respondents are entitled to rent $20,000.00

Respondents are entitled to gas bill 433.66

$20,433.66

Net due respondents $1,933.66.

Judgment was entered against appellant on its petition, and for respondents on their ...


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