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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

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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