Moser Co. v. Awalt Industrial Properties, Inc.

REYNOLDS, Chief Justice.

We hold, on this record, that a broker-negotiated lease of a separated warehouse space in a building was terminated, rather than modified and renewed, by the owner-tenant’s substitution of a different separated space in the building on different terms. Accordingly, we affirm the trial court’s instruction of a verdict against the broker in this action to recover renewal commissions on rentals payable under a subsequent lease of the substituted property.

Await Industrial Properties, Inc., owns a tract of land containing six lots numbered 31 through 36 and located on…