Legal Opinion

Merry Homes, Inc. v. Chi Hung Luu

Texas Court of Appeals, 1st District (Houston)

Decided February 18, 2010No. 01-09-00187-CVPublishedCited by 28 opinions

1Opinion of the Court

OPINION

JANE BLAND, Justice.

In this commercial lease dispute, we determine whether a landlord may enforce a lease to operate a “nightclub or bar” and for “no other” purpose when the tenant cannot legally obtain a liquor license for the leased premises and the lease requires that any activity on the premises comply with applicable law.

After a bench trial, the trial court entered a judgment declaring the commercial lease between Merry Homes, Inc. and Chi Hung Luu void for illegality, since the lease only authorized the operation of a nightclub or bar at the premises and Luu was unable to obtain…

2Cases cited31 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Cain v. BainTexas Supreme Court · 1986
  4. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  5. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998

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3Cited by28 opinions

  1. Fulgham v. Fischer, Texas Court of Appeals, 5th District (Dallas)2011
  2. Ifiesimama v. HaileCourt of Appeals of Texas · 2017
  3. Thornton v. DobbsCourt of Appeals of Texas · 2011
  4. Lon Smith & Associates, Inc. and A-1 Systems, Inc., D/B/A Lon Smith Roofing and Construction v. Joe Key and Stacci KeyCourt of Appeals of Texas · 2017
  5. Llyasah Dupree Dba 360 Degrees Beauty Academy v. Boniuk Interests, LtdCourt of Appeals of Texas · 2015

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