Opinion FlashJune 26, 2002
Volume 8 Number 110
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel
DURNELCO, INC. v. DOUBLE JAMES, L.L.C. Court:TCA Attorneys: F. Scott LeRoy and C. Ballard Scearce, Jr., Chattanooga, for the appellant, Durnelco, Inc. Arthur C. Grisham, Chattanooga, for the appellee, Double James, LLC. Judge: SUSANO First Paragraph: This case involves the interpretation of a commercial lease agreement. The tenant, Durnelco, Inc. ("Durnelco"), filed a complaint for declaratory judgment, seeking a declaration that it properly terminated the lease agreement on July 31, 2000. Durnelco also asked that it be permitted to remove, at its expense, certain improvements made by it to the leasehold premises, including some flooring, walls, doors, windows, bathroom fixtures, and exterior decking. The present landlord, Double James, LLC ("Double James"), answered and filed a counterclaim asserting that Durnelco had breached the lease and had refused to surrender possession of the premises. It sought damages as a result of Durnelco's alleged holdover tenancy. The trial court allowed Durnelco to remove only two signs and certain light fixtures. The court awarded Double James $7,000 in rent for the period of July through December, 2000. Durnelco appeals. We affirm. http://www.tba.org/tba_files/TCA/durnelco.wpd
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