Legal Opinion

Aurora Business Park Associates, L.P. v. Michael Albert, Inc.

Supreme Court of Iowa

Decided May 22, 1996No. 95-112PublishedCited by 15 opinions

1Opinion of the Court

ANDREASEN, Justice.

The district court entered judgment.for the landlord on its action for the recovery of past unpaid rent and for future rent as damages under an acceleration clause in the parties’ lease. The tenant contends that the acceleration clause constitutes an unenforceable penalty and that the court failed to award the proper damages. We affirm as modified and remand.

I. Background Facts and Proceedings.

The defendants, Michael Albert, Inc. and Michael L. Albert (Albert), and the plaintiff, Aurora Business Park Associates, L.P. (Aurora), entered into a lease agreement in which Albert…

2Cases cited21 opinions

  1. Kothe v. R. C. Taylor TrustSupreme Court of the United States · 1930
  2. Rohlin Construction Co. v. City of HintonSupreme Court of Iowa · 1991
  3. Friedman v. Colonial Oil Co.Supreme Court of Iowa · 1945
  4. Engel v. VernonSupreme Court of Iowa · 1974
  5. W & G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.District Court, D. Delaware · 1989

16 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Midwest Oilseeds, Inc. v. Limagrain Genetics Corporation, Formerly Known as Callahan Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2004
  2. Frenchtown Square Partnership v. Lemstone, Inc.Ohio Supreme Court · 2003
  3. City of Davenport v. Shewry Corp.Supreme Court of Iowa · 2004
  4. Top of Iowa Cooperative v. ScheweDistrict Court, N.D. Iowa · 1998
  5. IPC Retail Properties, L.L.C. v. Oriental Gardens, Inc.Court of Appeals of Kansas · 2004

10 more not listed; retrieve them via the Exa API.

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