Legal
What's New Research Government Site Index Home Meetings Directories About ICSC Search ICSC Sign On Publications Education Help Messages



ICSC Legal Database - CasesMonday, February 22, 1999 05:01 PM

Case Index:
00017

Citation:
Athens International, Inc. v. Venture Capital Properties, Inc., 495 S.F. 2d 900 (Ga. Ct. App., 1998).

Issue:
The landlord sued the guarantors for damages, and the guarantors counterclaimed for intentional interference

with contractual and business relationships. The trial court granted summary judgment to the landlord as to the

 guarantors' counterclaims, but denied the summary judgment motion on its claim under the guarantee. The

appellate court first affirmed the trial court's refusal to admit the affidavit of the guarantors' attorney as evidence

of what the landlord's manager told the tenant's president. It also affirmed the summary judgment regarding the

guarantors' counterclaim on the grounds that there was no evidence that the landlord encouraged the tenant's

president to cease operating the business on the leased premises or that the landlord acted with malice.

Finally, the appellate court agreed with the trial court's denial of summary judgment to the landlord on the

guarantee, based on evidence that the tenant surrendered the lease pursuant to an agreement with the landlord.

Facts:

Holding:

Publication:
Legal Update

Date:
Spring 1998

Classification 1:
Guarantees/Guarantors

Classification 2:

Classification 3:

00017 - Legal Update - Spring 1998