Hindquarter Corp. v. Property Development Corp.

Utter, J. —

Hindquarter Corporation sought a declaratory judgment establishing its right to exercise a lease renewal option. The trial court ruled that since Hindquarter had often been late in making its rental payments, Hindquarter's option was unenforceable. Finding that the payment of rent was not a condition precedent to the exercise of the option, the Court of Appeals reversed and remanded the case so that Hindquarter could be awarded damages for the landlord's failure to extend the lease. We reverse the Court of Appeals and affirm in part the judgment of the trial court.

In 1976, Property…