Morrison's Southern Plaza Corp. v. Southern Plaza, Inc.

Petitioner, the owner of a shopping center, sued the respondent, the lessee, for back rent and common area costs under a written lease. In the third rhetorical paragraph of the complaint, the petitioner alleged:

“Pursuant to said lease the defendant Morrison’s Southern Plaza Corporation took possession of said premises and has since and does still occupy the same under said lease.”

Respondent answered, specifically denying this allegation, and further asserting that the landlord had breached a provision in the lease which prohibited it from renting space to the lessee’s competitors. Respondent…