Marvin Hewatt Enterprises, Inc. v. Butler Capital Corporation

McFadden, Judge.

This dispute between a secured lender and a landlord arose after the entity that had borrowed from the former and rented from the latter in order to operate a convenience store went out of business. The lender and landlord had entered into a written agreement with one another. Under the terms of that agreement the lender had certain rights and the landlord certain duties upon termination of the lease. As to the lender’s claim of breach of that agreement, the central question is whether a termination occurred. We find the evidence — which establishes without dispute that the…