Market Place Shopping Center v. Basic Business Alternatives, Inc.

Judge Harold R. Banke.

The appellee, Basic Business Alternatives, Inc., d/b/a New Garden Bake Shop and Deli, filed suit against the appellant shopping center seeking damages for breach of a lease covenant, and a declaration that the appellee had no further obligations under the lease. The appellant filed a counterclaim for dispossessory and rents. Following a bench trial, judgment was entered in favor of the appellee on its breach of contract claim and for the appellant for rents due prior to April 1992. This appeal followed.

In September 1991 the appellee negotiated a lease to operate a bakery…