Legal Opinion
F.W. Woolworth Co. v. Buford-Clairmont Company
Court of Appeals for the Eleventh Circuit
Decided September 3, 1985No. 84-8888PublishedCited by 7 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge:
This case involves a rather complicated dispute arising out of the commercial lease of retail space in a shopping mall. However, the main issue on appeal is simply-stated: whether the lessor/appellant’s December 5, 1980 letter acted to terminate the lease. We hold that the letter was ineffective in terminating the lease, with the result that the lease continues in effect without a “percentage rent” clause.
I. FACTS
A. Preliminary Facts — Lease and Assignment
The material facts in this case are undisputed. In 1967, plain tiff/appellee Woolworth (the lessee) and…
2Cases cited7 opinions
- Travelers Ins. Co. v. Tallahassee Bank and Trust Co.District Court of Appeal of Florida · 1961
- Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1954
- Hix v. RoySupreme Court of Colorado · 1959
- Kirschenbaum v. M-T-S Franchise Corp.Civil Court of the City of New York · 1974
- Wright v. Home Beneficial Life InsuranceCourt of Appeals of Georgia · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Colony Square Company, Debtor. Colony Square Company v. Prudential Insurance Company of AmericaCourt of Appeals for the Eleventh Circuit · 1988
- Darnestown Valley-WHM Ltd. Partnership v. McDonald's Corp.Court of Special Appeals of Maryland · 1994
- Coxe v. F.W. Woolworth Co.District Court, M.D. Louisiana · 1986
- Joseph Brothers Company, Cross-Appellee v. F.W. Woolworth Company, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1988
- Fair Investors, Ltd. v. F.W. Woolworth Co. (In Re Fair Investors, Ltd.)United States Bankruptcy Court, W.D. Texas · 1987
2 more not listed; retrieve them via the Exa API.