Allison v. Davidson Any connection between the defendant-landlord’s interference with the plaintiff-tenant’s fishing operation and an award of damages for lost profits for the remaining 13 years of the lease was far too speculative to support an award of several hundred thousand dollars in damages.
The landlord is entitled to a new trial on the issue of damages.
Hylton v. Hanesbrands, Inc. When a manufacturer leased property to a tenant so the tenant could provide power to the manufacturer, the lease provisions did not give the manufacturer authority over safety on the leased property.
We affirm summary judgment for the defendant-landlord.
Nasser v. Dynamic Images Salon & Spa, Inc. Where the defendant-tenant’s answer and counterclaims were not verified, the trial court did not err by failing to consider the allegations set forth therein when the court decided the plaintiff-landlord’s motion for summary judgment.
We affirm summary judgment for the landlord on his claims. However, we vacate the trial court’s dismissal of the tenant’s counterclaims.
Havelock Yacht Club, Inc. v. Crystal Lake Yacht Club, Inc. Where the plaintiff-landlord terminated a lease and sought to eject the defendant-tenant from the premises, summary judgment was properly granted to the landlord since the tenant’s affidavits did not create a genuine issue of material fact regarding the validity of the landlord’s termination of the lease.
McCall v. Norman Where the trial court’s order simply states that, “by the greater weight of the evidence,” the plaintiff-landlords had failed to prove their claims for past rent and damages and the defendant-tenants had proven their counterclaims for damages to personal property, negligence, and breach of the warranty of habitability, the trial court’s order does not meet the requirements of N.C. R. Civ. P. 52(a)(1), and appellate review is not possible.
Henry James Bar-Be-Que, Inc. v. Gilmore. A lease provision prohibited the plaintiff-tenant from subletting the premises without the landlord's permission, but the tenant did so anyway. Where the . . .
Santos v. Briones. The evidence presented at trial of unpaid rent was within the issues raised by the pleadings, therefore; the trial court did not err in admitting such evidence. The trial court's finding that . . .
McDonald’s Corp. v. Five Stars, Inc. (Lawyers Weekly No. 10-16-1110, 13 pp.) (Cheri Beasley, J.) Appealed from Hoke County Superior Court. (Kenneth C. Titus, J.) N.C. App. Unpub. Click here for the full text of the opinion.
Holding: Even though the “Joint Development Addendum” executed at the same time as the parties’ sublease said that its [...]
Gayatri Maa, Inc. v. Terrible T. LLC. Even though the plaintiff-landlord did not cash the defendant-tenant's checks while the tenant was mistakenly paying rent at the previous year's rate, since the landlord held the checks for 5 months before returning them the tenant, the landlord waived its option of re-entry upon default.
Woodridge Homes Ltd. Partnership v. Gregory. (Lawyers Weekly No. 10-07-0695, 24 pp.) (Sam Ervin IV, J.) Appealed from Gaston County District Court. (John K. Greenlee, J.) N.C. App.
Holding: A tenant’s series of minor breaches of her lease did not give the landlord the right to terminate the lease; hence, the landlord’s continued acceptance of rent [...]
