Peripety Group, Inc. v. Smith

Because I believe the trial court based its ruling on erroneous legal theories, I respectfully dissent.

I fully agree with the majority that the trial court erred in holding that the lease was void for failing to adequately describe the leased premises. The second reason given by the trial court for its ruling was that “[t]he conditions precedent to the obligation of the Defendant to pay rent to the Plaintiff were not satisfied because the Rental Commencement Date did not occur. Accordingly, no recovery can he had by [Peripety].” The Rental Commencement Date was defined as the earlier of (1)…