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GULF FISHING & BOATING CLUB, INC. v. BENDER

Civ. 1471.

370 So.2d 1026 (1979)

GULF FISHING AND BOATING CLUB, INC. v. Thomas B. BENDER and River Yacht Basin, Inc.

Court of Civil Appeals of Alabama.

May 2, 1979.

Attorney(s) appearing for the Case

Robert E. Gibney, of Kilborn & Gibney, Mobile, for appellant.

Jerry A. McDowell of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellees.

HOLMES, Judge.

This is a contract case.

The defendant-Bender operates River Yacht Basin, Inc., on land leased from the plaintiff. The plaintiff brought this action to terminate the lease and to recover delinquent rental payments. The trial court, after an ore tenus hearing, awarded the plaintiff rent due but refused to terminate the lease. Plaintiff appeals.

The dispositive issue on appeal is whether the trial court erred in refusing to terminate...

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