CHESTERFIELD MANAGEMENT, INC. v. COOK

No. 48A02-9410-CV-607

655 N.E.2d 98 (1995)

CHESTERFIELD MANAGEMENT, INC., Paul L. Kozell and Patricia Kozell, Appellants-Plaintiffs, v. Virgil E. COOK, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied October 19, 1995.


Attorney(s) appearing for the Case

Joseph P. Hunter, Quirk & Rivers, Muncie, for appellant.

James E. Freeman, Jr., John W. Longnaker, III, Sansberry, Dickmann, Freeman & Builta, Anderson, for appellee.


OPINION

KIRSCH, Judge.

Chesterfield Management, Inc. leased commercial real estate at 2010B Mounds Road in Anderson from Virgil Cook. The term of the lease, with an extension, was from January 1, 1983 to December 31, 1992. Paul and Patricia Kozell personally guaranteed the lease. When Chesterfield surrendered the real estate to Cook at the end of the lease term, the real estate's condition, according to Cook, violated a covenant that it be surrendered in...

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