ARC Foods, Inc. v. MGI Properties

CAMPBELL, Acting Chief Judge.

Appellant, ARC Foods, Inc., challenges the final summary judgment entered against it in this landlord/tenant action. Finding the existence of genuine issues of material fact sufficient to prevent summary judgment, we reverse for further proceedings.

Appellee, MGI Properties (landlord), filed suit against ARC, d/b/a Little Caesar’s Pizza (tenant), seeking damages for breach of a commercial lease agreement. MGI alleged that ARC breached its lease by refusing to pay monthly rent after October 1, 1996, and vacating the premises at the end of that month. MGI sought…