American National Bank & Trust Co. v. Sound City, U. S. A., Inc.

Plaintiff, American National Bank & Trust Company of Chicago, as trustee, sued defendant, Sound City U.S.A., Inc., for recovery of nine months rent remaining on a one-year lease. The trial court found for the defendant on the basis of constructive eviction and plaintiff appeals. We affirm.

In July 1975, defendant began negotiations with USIF Wynnewood Corporation for rental of shopping center space. An inspection of the premises disclosed portions of the ceiling tile missing or hanging loose, water marks on the ceiling and bare fluorescent light fixtures. As a result, defendant included in the…