Legal Opinion

Oak Park Investment Co. v. Lundy's, Inc.

Court of Appeals of Kansas

Decided April 24, 1981No. 52,181PublishedCited by 10 opinions

1Opinion of the Court

Fromme, J.:

Oak Park Investment Company brought this action to recover for breach of a commercial lease. Judgment declaring a breach was entered against Lundy’s, Inc., for unpaid rent and charges due under the lease. The commercial lease contained a provision authorizing recovery of attorney fees necessary to prosecute an action to recover damages in event of a breach of the lease by either party. The trial court found the reasonable amount of attorney fees incurred by plaintiff was $2,250.00, but denied recovery. Plaintiff Oak Park has appealed. Only one point is in issue: Is a provision in a…

2Cases cited7 opinions

  1. Millers' National Insurance Company, Chicago, Illinois, and Cross-Appellees v. The Wichita Flour Mills Company, and Cross-Appellant. The Wichita Flour Mills Company, and Cross-Appellant v. Millers' National Insurance Company, Chicago, Illinois, and Cross-AppelleesCourt of Appeals for the Tenth Circuit · 1958
  2. Gaslight Villa, Inc. v. Governing Body, City of LansingSupreme Court of Kansas · 1974
  3. Stover v. JohnnycakeSupreme Court of Kansas · 1872
  4. Shellabarger v. ThayerSupreme Court of Kansas · 1875
  5. Farmers Casualty Company (Mutual), a Corporation v. Robert Green and Fred W. Surridge, Robert Green, Cross-Appellant v. Farmers Casualty Company (Mutual), a Corporation, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1968

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3Cited by10 opinions

  1. Missouri Pacific Railroad Company v. Kansas Gas and Electric CompanyCourt of Appeals for the Tenth Circuit · 1988
  2. Harris Market Research, & Counterclaim v. Marshall Marketing and Communications, Inc., & Third-Party v. Larry R. Harris, Third-PartyCourt of Appeals for the Third Circuit · 1991
  3. T.S.I. Holdings, Inc. v. JenkinsSupreme Court of Kansas · 1996
  4. Agnew v. Lacey Co-PlyCourt of Appeals of Washington · 1982
  5. Bancamerica Commercial Corp. v. Trinity Industries, Inc.District Court, D. Kansas · 1995

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