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FASHION FABRICS OF IOWA v. RETAIL INVESTORS

No. 60400.

266 N.W.2d 22 (1978)

FASHION FABRICS OF IOWA, INC., d/b/a Fashion Place, Appellee, v. RETAIL INVESTORS CORPORATION, d/b/a Fashion Place Ready-to-Wear, and Moss Stores, Inc., Appellants.

Supreme Court of Iowa.

May 17, 1978.

Attorney(s) appearing for the Case

Victor V. Sprengelmeyer, of Sprengelmeyer & Henkels, Dubuque, for appellants.

O'Connor, Thomas, Wright, Hammer, Bertsch & Norby, Dubuque, for appellee.

Considered by MOORE, C. J., and LeGRAND, REES, HARRIS and McCORMICK, JJ.

McCORMICK, Justice.

The determinative question in this appeal is whether a commercial sublease contained an implied covenant by the sublessor to continue operating its adjacent business during the term of the sublease. The trial court held it did not. We hold it did and therefore reverse and remand.

This appeal arises from judgment entered for plaintiff Fashion Fabrics of Iowa, Inc. (Fashion Fabrics), d/b/a Fashion Place, in its action for rent against defendants...

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