Legal Opinion

Corner Associates v. WR GRACE & COMPANY-CONN.

District Court, E.D. Virginia

Decided December 30, 1997No. Civil Action 97-1848-APublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRINKEMA, District Judge.

Before the Court is defendant’s Motion to Dismiss or, in the Alternative, for Summary Judgment, which presents the question of whether a lessee, when it assigns its rights and obligations under a lease but remains liable thereunder, becomes a surety for the obligations of its assignee. The issue is one of first impression in Virginia.

I. Factual Background

This action involves a lease agreement entered into on July 15, 1983, by The Corner Associates (“Corner”), as landlord, and W.R. Grace & Co. (“Grace”), as tenant, for premises located in the Seven…

2Cases cited15 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Christine Evans v. Technologies Applications & Service CompanyCourt of Appeals for the Fourth Circuit · 1996
  3. First Virginia Bank-Colonial v. BakerSupreme Court of Virginia · 1983
  4. Mitchell's, Inc. v. FriedmanTexas Supreme Court · 1957
  5. Samuels v. OttingerCalifornia Supreme Court · 1915

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3Cited by3 opinions

  1. Prologis Trust v. DuPont Commercial Flooring Systems, Inc.Loudoun County Circuit Court · 2003
  2. Gibson Equipment Co. v. AGM Development Corp.Norfolk County Circuit Court · 2001
  3. HJK, L.P. v. Cohen Management GroupFairfax County Circuit Court · 2011

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