Legal Opinion

MAC EAST, LLC v. Shoney's LLC

District Court, M.D. Alabama

Decided January 8, 2007No. 2:05-cv-1038-MEFPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, Chief Judge.

I. INTRODUCTION

In this case, MAC East, LLC (“Mac East”), an assignee of a commercial lease, brought suit against its assignor, Shoney’s LLC (“Shoney’s”), for failing to approve a proposed sublease. Shoney’s argues that the approval clause in the assignment with Mac East provided it with the sole right and discretion to withhold consent to any sublease of the subject property. Mac East asserts that Shoney’s request for additional funds as a condition of approval of the sublease agreement constituted a breach of the contract between Mac…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Redwing Carriers, Inc. v. Saraland ApartmentsCourt of Appeals for the Eleventh Circuit · 1996
  5. Bama Budweiser v. Anheuser-BuschSupreme Court of Alabama · 1992

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