Century Plaza Co. v. Hibbett Sporting Goods, Inc.

This appeal involves a shopping center lease and a dispute between the parties over what agreement was reached regarding "common area maintenance." The essential facts are:

Century Plaza, through its agent, Engel Realty, presented to Ira Hibbett several proposed leases during a two-year period prior to the opening of the Century Plaza Mall in Birmingham in August, 1975. Century aggressively solicited Hibbett to open a sporting goods store in its facility. Section 28 of those proposed leases provided that a charge of thirty cents per square foot would be levied on the tenant for common area…