Vineyard Village-Georgia, Inc. v. Crum

Stolz, Judge.

Arby’s, Inc. (Arby’s) was a tenant of Crum under a 1968 20-year lease. The business on the premises was operated by Arby’s franchisee and subtenant, Univest of Atlanta, Inc.-Bishop (Univest). Upon Arby’s default and inability to make the lease payments, Crum wrote Arby’s on February 18, 1971, declaring the default and giving a 30-day termination notice. On February 20, Arby’s terminated and rescinded the lease and delivered the premises to Crum, who paid Arby’s for the inventory on the premises and the cash in the registers.

On February 23, Arby’s filed for bankruptcy in Ohio. The…