Carparking, Inc. v. Chappell's, Inc.

Townsend, Judge.

The primary attack directed against the petition is that plaintiff is not such an assignee or sublessee under the 10-year lease contract as to give it the right to damages based on alleged breaches of contract including, firstly, damages resulting in the building in question not being complete and ready for occupancy on the date called for in the agreement; secondly, damages resulting from the store building containing less square footage than agreed upon; and, thirdly, resulting from violation by the lessor of provisions giving the lessee the exclusive rights for the sale of…