Harbert v. Riverplace Associates

Plaintiff brought this action for a declaration that she is entitled to the benefit of her option to extend her lease from defendants for an additional five-year term. She based her claim on theories of equitable relief from mistake; waiver; breach of the covenant of good faith; and estoppel. Defendant filed a forcible entry and detainer counterclaim and, in defense, plaintiff alleged the four theories on which her claim for declaratory relief was brought.

The court severed plaintiffs equitable claim for mistake and tried that issue. It found in favor of defendants and then invoked the…