Legal Opinion

IPC Retail Properties, L.L.C. v. Oriental Gardens, Inc.

Court of Appeals of Kansas

Decided March 12, 2004No. 90,509PublishedCited by 7 opinions

1Opinion of the Court

Green, J.:

Tony Ho appeals from a bench trial judgment awarding past and accelerated future rents to IPC Retail Properties, L.L.C. (IPC). The case stems from the termination of a commercial lease for nonpayment of rent between IPC as landlord and Oriental Gardens, Inc., as tenant. As a guarantor on tire lease, Ho was liable for the judgment amount. On appeal, Ho first argues that his guaranty never became effective because his spouse did not sign the guaranty. We find that the clear language of the lease did not require Ho’s spouse to sign the guaranty. As a result, the guaranty was effective.…

2Cases cited22 opinions

  1. Marquis v. State Farm Fire & Casualty Co.Supreme Court of Kansas · 1998
  2. Unrau v. Kidron Bethel Retirement Services, Inc.Supreme Court of Kansas · 2001
  3. Mark Twain Kansas City Bank v. CatesSupreme Court of Kansas · 1991
  4. Vernitron Corp. v. CF 48 AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
  5. TMG Life Insurance v. AshnerCourt of Appeals of Kansas · 1995

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3Cited by7 opinions

  1. Carrothers Construction Co. v. City of South HutchinsonSupreme Court of Kansas · 2009
  2. Wichita Clinic, P.A. v. LouisCourt of Appeals of Kansas · 2008
  3. Hutton Contracting Co. v. City of CoffeyvilleCourt of Appeals for the Tenth Circuit · 2007
  4. Lasalle Bank National Ass'n v. Shepherd Mall Partners, L.L.C.Court of Civil Appeals of Oklahoma · 2005
  5. Wahlcometroflex, Inc. v. Westar Energy, Inc.Court of Appeals for the Tenth Circuit · 2014

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