Running Head: Course Project

T&W Building Co. v. Merrillville Sport & Fitness, Inc.
GM597: Business Law
Domonique Williams domoniqueinc@yahoo.com 12/6/2011

Parties:
T&W Building Company, the landlord, is the defendant in the case.
Merrillville Sport & Fitness, Inc., the tenant, is the plaintiff in the case.
Facts:
T&W Building Company entered into a five-year lease agreement as the landlord with Merrillville Sport & Fitness, Inc., to lease space in a building to be used as a sports and fitness center. The lease provided that Landlord was to keep the heating and cooling plant “in good order, repair, and condition” and was to commence required repairs as soon as reasonably practicable after receiving written notice of problems. Tenant complained of several problems throughout the first year of its tenancy (in.findacase.com. 2011). First, the heating system did not work properly, causing the premises to be extremely cold, particularly in the winter months. Second, there was no water on many occasions. Third, there was only one electrical outlet installed on the premises. Landlord failed to rectify the problems. As a result, Tenant lost members. It gave notice and vacated the premises within one year of signing the lease (in.findacase.com. 2011).
Procedure:
Finding that constructive eviction occurred, the jury awarded the Tenant $36,615.56 in damages (in.findacase.com. 2011). The Landlord brought the appeal contesting the courts award. He presented the following issues for the court review:
I. Whether the jury's finding of constructive eviction, based upon its determination that abandonment occurred within a reasonable time, was contrary to law?
II. Whether there is sufficient evidence supporting the damage award of $36,615.56?
III. Whether the amount of damages awarded is excessive?
IV. Whether the Tenant is allowed a refund