Legal Opinion
Fuller Market Basket, Inc. v. Gillingham & Jones, Inc.
Court of Appeals of Washington
Decided August 7, 1975No. 1544-2PublishedCited by 14 opinions
1Opinion of the CourtPearson, J.
Plaintiff, Fuller Market Basket, Inc., appeals a dismissal of its complaint for damages against its lessor, Gillingham and Jones, Inc. The issues on this appeal are whether or not the lease between plaintiff and defendant contained an express or implied covenant requiring the defendant to maintain and operate a shopping center in connection with the premises leased to plaintiff, and whether or not defendant’s failure to operate the shopping center constituted a constructive eviction.
The facts are largely undisputed. In 1958 plaintiff, a grocery supermarket operator, became defendant’s tenant…
2Cases cited15 opinions
- Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
- Ingannamorte v. Kings Super Markets, Inc.Supreme Court of New Jersey · 1970
- Stockton Dry Goods Co. v. GirshCalifornia Supreme Court · 1951
- Lilac Variety, Inc. v. Dallas Texas CompanyCourt of Appeals of Texas · 1964
- Coulos v. DesimoneWashington Supreme Court · 1949
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brown v. Safeway Stores, Inc.Washington Supreme Court · 1980
- Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp.Supreme Court of Iowa · 1978
- Keystone Square Shopping Center Co. v. Marsh Supermarkets, Inc.Indiana Court of Appeals · 1984
- Taylor-Edwards Warehouse & Transfer Co., of Spokane, Inc., a Washington Corporation v. Burlington Northern, Inc., a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1983
- Elliott Bay Seafoods, Inc. v. Port of SeattleCourt of Appeals of Washington · 2004
9 more not listed; retrieve them via the Exa API.