Legal Opinion

T & W Building Co. v. Merrillville Sport & Fitness, Inc.

Indiana Court of Appeals

Decided October 26, 1988No. 37A03-8708-CV-00218PublishedCited by 10 opinions

1Opinion of the Court

*866STATON, Judge.

In 1984, Merrillville Sport & Fitness (Tenant) and T & W Building Company (Landlord) entered into a five (5) year lease agreement for space in one of T & W's buildings. However, due to a variety of problems with the premises, including the lack of heat, the Tenant gave notice and quitted the premises in February, 1985. Finding that constructive eviction occurred, the jury awarded Tenant $86,615.56 in damages. The Landlord contests this award, presenting the following issues for our review:

1. Whether the jury's finding of constructive eviction, based upon its determination that…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Sigsbee v. SwathwoodIndiana Court of Appeals · 1981
  2. Shearson Hayden Stone, Inc., and Hayden Stone, Inc. v. William H. LeachCourt of Appeals for the Seventh Circuit · 1978
  3. Ethyl Corp. v. Forcum-Lannom Associates, Inc.Indiana Court of Appeals · 1982
  4. Ashland Pipeline Co. v. Indiana Bell Telephone Co.Indiana Court of Appeals · 1987
  5. Talbott v. EnglishIndiana Supreme Court · 1901

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3Cited by10 opinions

  1. Clary v. Lite MacHines Corp.Indiana Court of Appeals · 2006
  2. Nylen v. Park Doral ApartmentsIndiana Court of Appeals · 1989
  3. Quebe v. DavisIndiana Court of Appeals · 1992
  4. Sallee v. MasonIndiana Court of Appeals · 1999
  5. Steak n Shake Enterprises, Inc. v. Globex Co.District Court, D. Colorado · 2015

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

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