Legal Opinion
S. H. Kress & Co. v. Desser & Garfield, Inc.
District Court of Appeal of Florida
Decided December 20, 1966No. 66-38PublishedCited by 9 opinions
1Opinion of the Court
PEARSON, Judge.
The appellant was the plaintiff in the trial court and the appellee was defendant. The appeal is from a final decree which denied plaintiffs prayer for the rescission of its lease of a store building in a shopping center. The appellant contends that it is entitled to a cancellation or a rescission of the lease because the developer’s failure to build the shopping center as covenanted is so material in extent that the breach defeats the purpose of the lease.
The appellant S. H. Kress & Co. entered into a lease agreement with Desser & Garfield, Inc., the developers of the shopping…
2Cases cited7 opinions
- Stokes v. Victory Land Co.Supreme Court of Florida · 1930
- Steak House v. BarnettSupreme Court of Florida · 1953
- Sun City Holding Company v. SchoenfeldSupreme Court of Florida · 1929
- Savage v. HorneSupreme Court of Florida · 1947
- Berland's, Inc. of Tulsa v. Northside Village Shopping Center, Inc.Supreme Court of Oklahoma · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp.Supreme Court of Iowa · 1978
- Rodeway Inns of America v. AlpaughDistrict Court of Appeal of Florida · 1980
- Fuller Market Basket, Inc. v. Gillingham & Jones, Inc.Court of Appeals of Washington · 1975
- Donnelly v. Marriott CorporationDistrict Court of Appeal of Florida · 1972
- Japanese Gardens Mobile Estates, Inc. v. HuntDistrict Court of Appeal of Florida · 1972
4 more not listed; retrieve them via the Exa API.