Smiths' Properties, Inc. v. RTM Enterprises, Inc.

Deen, Presiding Judge.

RTM Enterprises leased a building from Smiths’ Properties which was constructed according to appellee’s specifications for use as an Arby’s Restaurant. The lease was for a twenty-year period with an option permitting RTM to extend for three additional periods of five years each upon the same terms and conditions. On August 3, 1979, Smiths’ filed a dispossessory warrant seeking to regain possession of the property alleging “that tenant is holding said real property and premises over and beyond the term for which the same was rented or leased to him.” At trial, Smiths’…