MERCURY INV. CO. v. F.W. WOOLWORTH CO.

No. 59609.

706 P.2d 523 (1985)

MERCURY INVESTMENT COMPANY, an Oklahoma corporation, Appellant-Respondent, v. F.W. WOOLWORTH COMPANY, a foreign corporation, Appellee-Petitioner.

Supreme Court of Oklahoma.

Rehearing Denied October 8, 1985.


Attorney(s) appearing for the Case

Charles A. Whitebook, Merl A. Whitebook, Rebecca Adams, Messrs. Whitebook, Holtz, Gaddis & Smolen, Tulsa, for appellant-respondent.

John Henry Rule, Messrs. Gable & Gotwals, Tulsa, for appellee-petitioner.


OPALA, Justice.

The issue on certiorari is whether in a landlord's suit to terminate a shopping center lease for failure of consideration — based on the alleged breach of an implied covenant diligently to operate the business so as to trigger the percentage rental provisions — the trial court erred in granting summary judgment for the tenant. We answer in the negative...

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