Premium Essay

T&W Building Co V. Merrillville Sport & Fitness Inc.

In:

Submitted By vmontalvo
Words 1332
Pages 6
Running Head: T&W Building Co v. Merrillville Sport & Fitness Inc.

T&W Building Co v. Merrillville Sport & Fitness Inc.

Keller Graduate School of Management

Professor: James Keenan

Business Law: Strategic Considerations for Managers & Owners

April 2013

Parties
T&W Building Company, the landlord, the defendant in the case.
Merrillville Sport & Fitness, INC., the tenant, 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 that would be used as a sports and fitness center. The lease provided that the landlord was to keep the heating and cooling “in good order, repair, and condition” and was to commence required repairs as soon as reasonably practicable after receiving a written notice of the problems. The tenant complained of several problems throughout the first year of their tenancy. First the heating system didn’t work properly, causing the premises to be extremely cold, particularly through the winter months. Second there was no water on several occasions. Third there was only one electrical outlet installed on the premises. As a result of these problems the tenants lost members. They gave notice and vacated the premises within one year of signing the lease.
Procedure
Finding that constructive eviction occurred, the jury awarded the tenants $36,615.56 in damages. 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 evection, based upon its determination that abandonment occurred within a reasonable time, was contrary to law? II. Whether there was sufficient evidence supporting the damages awarded of $36,615.56? III. Whether the amount of damages

Similar Documents

Premium Essay

Gm597 Course Project

...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...

Words: 1312 - Pages: 6

Free Essay

Working Capital

...Business Plans Handbook Business Plans A COMPILATION OF BUSINESS PLANS DEVELOPED BY INDIVIDUALS NORTH THROUGHOUT AMERICA Handbook VOLUME 16 Lynn M. Pearce, Project Editor Business Plans Handbook, Volume 16 Project Editor: Lynn M. Pearce Product Manager: Jenai Drouillard Product Design: Jennifer Wahi Composition and Electronic Prepress: Evi Seoud Manufacturing: Rita Wimberley Editorial: Erin Braun ª 2010 Gale, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher. This publication is a creative work fully protected by all applicable copyright laws, as well as by misappropriation, trade secret, unfair competition, and other applicable laws. The authors and editors of this work have added value to the underlying factual material herein through one or more of the following: unique and original selection, coordination, expression, arrangement, and classification of the information. For product information and technology assistance, contact us at Gale Customer Support, 1-800-877-4253. For permission to use material...

Words: 121839 - Pages: 488