Kusuma v. Metametrix, Inc.

Birdsong, Judge.

Appellant landlord appeals the state court’s order granting summary judgment to appellee tenant.

Appellees entered into a lease for a term of five years with Carleo Properties, Inc. Carleo subsequently sold the leased property to appellant, and assigned its rights under the lease to appellant as part of its sales transaction. The lease expressly provided that “[t]ime is of the essence of this agreement.” It thereafter included a certain pertinent special stipulation, as follows: “In so far as the following stipulations conflict with any of the foregoing provisions, the…