John Hogan Enterprises, Inc. v. Kellogg

Opinion

WORK, Acting P. J.

Lessor, a family consortium consisting in part of William Crowe Kellogg and Robert R. Jackson, appeal a judgment awarding John Hogan Enterprises, Inc. (Lessee), damages for Lessor’s refusal to consent to an assignment of a lease computing rent as a percentage of gross sales, with a stated minimum. Lessor’s cross-complaint for damages because of lost rentals due to Lessee’s breach of lease terms requiring it to conduct its business during all customary commercial hours was inferentially rendered moot by the Lessee’s judgment on its complaint. Because the proposed…