Smith v. Roberts

We have here a lease.

And with it we have the doctrine of commercial frustration.

The trial judge held that the doctrine applied and that the lease was terminated thereby.

He was right. We affirm.

The Smiths and Roberts Brothers entered into a lease agreement for the rental of the first floor and basement of property located in Springfield at 111-113 North Sixth Street. Roberts Brothers was already operating a men’s clothing store next to the leased premises and intended to make an opening through their east wall and Smith’s west wall in order to establish a department which would be called the…