Piggly Wiggly Southern, Inc. v. Heard

Hunt, Justice.

This case involves the construction of a shopping center store lease. Both the trial court and the Court of Appeals held the lease contained an express continued use covenant as well as an implied covenant of continued operation. Piggly Wiggly Southern v. Heard, 197 Ga. App. 656 (399 SE2d 244) (1990). We granted the writ of certiorari to determine whether the Court of Appeals was correct in its construction of the parties’ lease, and reverse.

In 1963, the parties executed a lease in which appellees’ predecessor agreed to construct a supermarket for appellant according to plans…