Circle K Stores, Inc. v. T. O. H. Associates, Ltd.

PHIPPS, Presiding Judge.

The trial court granted summary judgment to T. O. H. Associates, Ltd. (TOH) in TOH’s suit against Circle K Stores, Inc., alleging that Circle K breached the terms of a lease and an assignment and assumption of lease by failing to pay rent under the terms therein.

Circle K appeals, contending that the trial court erred in granting summary judgment to TOH because: (1) TOH’s acceptance of partial rent payments created a question of fact as to whether TOH departed from the material terms of the lease; (2) the lease had been terminated and thus Circle K had no obligation to…