PICK KWIK FOOD STORES, INC. v. TENSER

No. 80-1348.

407 So.2d 216 (1981)

PICK KWIK FOOD STORES, INC., Appellant, v. James H. TENSER, Appellee.

District Court of Appeal of Florida, Second District.

As Modified on Denial of Rehearing November 18, 1981.


Attorney(s) appearing for the Case

Herbert W. Langford and James Schwartz of Haworth, Langford & Turtzo, Clearwater, and Ross R. Kinney and Ronald E. Klipsch of Quarles & Brady, Milwaukee, Wis., for appellant.

George R. McLain of Harnden, McLain, Spivey & Dart, and Daniel Joy, Sarasota, for appellee.


DANAHY, Judge.

A contract entered into by the parties' respective predecessors in interest is the subject of this lawsuit. The trial judge ruled as a matter of law that appellant was bound by the contract and guilty of breaching it, and a jury awarded appellee the sum of $100,000 in damages for the breach. We reverse.

The original parties to the contract were In & Out Food Stores, Inc., and Petrol Express. In & Out Food Stores leased premises on which...

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