Pomeranc v. Winn-Dixie Stores, Inc.

COWART, Judge.

A lease provided that the lessee (Winn-Dixie), upon termination of the lease, would leave the premises in good repair. The lessee vacated the premises allegedly leaving it in disrepair. The lessor (Pomeranc) then sold the former leased premises to a third party. Thereafter the lessor filed an action against the lessee for damages for breach of the lease in leaving the leased premises in disrepair. The lessee obtained an affidavit from the new third party premises owner stating in effect that his purchase price for the property was based on the condition of the seller’s (former…