Piggly Wiggly Southern, Inc. v. Heard

Deen, Presiding Judge.

This appeal is from the grant of summary judgment to appellee landlords against appellant Piggly Wiggly Southern (hereinafter “PWS”) in which the trial court ruled that PWS had breached an express and implied covenant in a lease contract between the parties. On January 21, 1963, PWS and the landlords’ predecessor entered into a lease agreement whereby the landlords constructed a supermarket pursuant to plans and specifications prepared by PWS. The term of the lease was 15 years with an expiration date of January 31, 1979, at an annual rent of $29,053.60 plus the payment…