First American Bank & Trust Co. v. Safeway Stores, Inc.

HOWARD, Presiding Judge.

This is a forcible entry and detainer action. The trial court, sitting without a jury, found Safeway Stores, Inc., (Safeway) guilty of unlawful detainer, granted restitution of the premises to First American Bank & Trust Company (First American), and awarded First American damages for rent due in the sum of $58,014 along with its costs and attorney’s fees.

The determinative issue was whether the lease executed by Safeway and Betz Corporation (Betz), First American’s assignor, contained an implied covenant of continuous operation which was breached by Safeway. The trial…