Adeline Nadler, Robert B. Nadler and Carole M. Nadler v. American Motors Sales Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
This appeal 'requires us to harmonize two covenants in a long-term lease agreement covering commercial property. The first covenant obligates the lessee to keep the premises “in good order and condition” during the lease term, and the other demands surrender of the property at termination “in the same condition as when received except for reasonable use and natural wear.” We must determine whether either covenant binds the lessee to repair or replace equipment that barely functions when the lease expires. Because the answer depends on facts that remain in…
2Cases cited22 opinions
- Coker v. CokerTexas Supreme Court · 1983
- Universal C. I. T. Credit Corp. v. DanielTexas Supreme Court · 1951
- Alex John, Jr. v. State of Louisiana (Board of Trustees for State Colleges and Universities)Court of Appeals for the Fifth Circuit · 1985
- Ed Freeman and Wife Sharon Freeman, Cross-Appellants v. Northwest Acceptance Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
- Illinois Central Gulf Railroad Company v. Pargas, Inc. v. Union Tank Car Co., Third PartyCourt of Appeals for the Third Circuit · 1983
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
- MidCap Media Finance, L.L.C. v. Pathway Data, IncoCourt of Appeals for the Fifth Circuit · 2019
- Jebaco, Inc. v. Harrah's Operating Co., Inc.Court of Appeals for the Fifth Circuit · 2009
- In Re Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1993
- Robert Swindol v. Aurora Flight Sciences Corp.Court of Appeals for the Fifth Circuit · 2015
31 more not listed; retrieve them via the Exa API.