Dinnerware Plus Holdings, Inc. v. Silverthorne Factory Stores, LLC

Opinion by

Judge VOGT.

In this dispute between parties to a commercial lease, plaintiff, Dinnerware Plus Holdings, Inc. (tenant), appeals the trial court judgment in favor of defendant, Silver-thorne Factory Stores LLC (landlord). Landlord cross-appeals. We affirm in part and reverse in part.

In 1998, the predecessors of tenant and landlord entered into a ten-year lease agreement for retail space for a Mikasa store in the Silverthorne Factory Stores Outlet Center. The lease required the tenant to pay fixed monthly rent of $9,375. The tenant also agreed to pay promotional fund fees and additional…