Legal Opinion
Casa D'Angelo, Inc. v. a & R REALTY CO.
Indiana Court of Appeals
Decided April 30, 1990No. 01A04-8903-CV-93PublishedCited by 5 opinions
1Opinion of the Court
MILLER, Judge.
Tenant, Casa D’Angelo, Inc., decided to phase out its restaurant business in the last year of its five (5) year lease with A & R Realty Company, and did so, closing the establishment but paying its base rent during the last four (4) months of the lease. This was all much to the chagrin of landlord A & R which sued Casa D’Angelo claiming that such action breached the express terms of the lease and/or breached an implied covenant of good faith by failing to operate a restaurant at the leased premises in the same manner and during the same business hours that the restaurant had…
2Cases cited30 opinions
- Mercury Investment Co. v. F.W. Woolworth Co.Supreme Court of Oklahoma · 1985
- Stop & Shop, Inc. v. GanemMassachusetts Supreme Judicial Court · 1964
- Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
- Keystone Square Shopping Center Co. v. Marsh Supermarkets, Inc.Indiana Court of Appeals · 1984
- Lippman v. Sears, Roebuck & Co.California Supreme Court · 1955
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3Cited by5 opinions
- Estate of Reasor v. Putnam CountyIndiana Supreme Court · 1994
- Kruse v. National Bank of IndianapolisIndiana Court of Appeals · 2004
- Massachusetts Mutual Life Insurance v. Associated Dry Goods Corp.District Court, N.D. Indiana · 1992
- Rothe v. Revco D.S., Inc.District Court, S.D. Indiana · 1997
- Edward W. Rothe, Trustee of the Edward W. Rothe Employee Profit Sharing Trust v. Revco D.S., Inc.Court of Appeals for the Seventh Circuit · 1998