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ICSC Legal Database - CasesMonday, February 22, 1999 05:06 PM

Case Index:
01615

Citation:
B. & B. Enterprises v. Balser, 1998 WL 614497 (Ohio Ct. App. 1998).

Issue:
A partnership was formed expressly to purchase land and to build and lease a structure for a particular tenant.

A five-year agreement with an option to buy the premises constructed for the use of the tenant was executed

and performed for three years until the death of the tenant. The partnership sued for the remaining rent, interest

and attorney's fees. The court found the case to be equitable in nature, claiming part performance to avoid

application of the statutory formalities imposed on leases for more than three years. The evidence did not

support surrender of the lease, waiver or estoppel. Consequently, the court affirmed the award of attorney's fees

and costs as well as 10% prejudgment interest.

Facts:

Holding:

Publication:
Legal Update

Date:
Winter 1998

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

01615 - Legal Update - Winter 1998