(Download) "Crestwood Plaza v. Kroger Co." by Missouri Court of Appeals St. Louis District * eBook PDF Kindle ePub Free
eBook details
- Title: Crestwood Plaza v. Kroger Co.
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 10, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Suit for declaratory judgment and injunction by plaintiff-landlord Crestwood Plaza, Inc., to void both its shopping center
lease to Kroger Company and Kroger's sublease to Tipton Electric Company. The issue was whether Kroger had the right to sublet
the leased premises to Tipton. The trial court said not and Kroger and Tipton appeal. We reverse. Crestwood contends in Counts I and IV that since its lease to Kroger provided for base rental plus a percentage of Kroger's
retail sales, the lease impliedly prohibited subletting and restricted Kroger's use of the premises to that of a retail food
supermarket. In Count II, Crestwood contends the lease was terminated when Kroger vacated the leased premises. Finally, in
Count III Crestwood contends Kroger's lease was terminated by an oral agreement.