ZWICK V. LODEWIJK CORPORATION
847 S.W.2d 316 (Tex. App. 1993)
NATURE OF THE CASE: Zwick (D) appealed a decision which granted summary judgment in favor
of Lodewijk (P) in an action for a breach of the lease because the lease contained a
nonwaiver clause and oral modification was not permitted under the statute of frauds.
FACTS: D leased most of a floor in a building owned by P. D subleased office space in the
building and provided support services. D fell behind on her rental payments during the
mid-1980's and, in 1987, renegotiated her lease. D claimed that P's express and implied
representations along with its long-standing course of conduct led her to believe that her
rent was not considered late if it was paid within the month it was due. D was current in
her lease payments as of March 1989. In April 1989, D began collecting rent from her
subtenants as usual. On April 14, 1989, P served D with notice that her lease was terminated
for failure to timely pay the April rent and ordered her to vacate the premises within three
days. D was evicted within thirty days and her business collapsed. P sued D for breach of
the lease, monies owing and attorney's fees. The court granted a partial summary judgment in
favor of P. At trial, the court concluded as a matter of law that the statute of frauds and
certain clauses in the lease agreement precluded D from asserting modification, waiver or
estoppel. The clauses were an Integration clause, a Non Waiver clause, and an Entire
Agreement and Binding Effect clause. The court rendered judgment against D and D appealed. D
claims that P accepted her rental payments during the month in which each was due for a
number of years, that it was aware that her manner of payment resulted from the nature of
her business, and that its agents expressly approved of her manner of payment. P maintains
that D's decision to declare the lease in default had more to do with its desire to release
her space to another tenant than with any action of hers.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment