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COLUMBUS HOTEL CO. v. PIERCE

No. 90-CA-0846.

629 So.2d 605 (1993)

COLUMBUS HOTEL COMPANY, a Delaware Corporation, v. Elmer PIERCE, Jr., Charles N. White, d/b/a El Ark, Inc., an Arkansas Corporation, Kenneth L. Smotherman and Edwin C. Mauck, and all others holding by, through and under them; First Federal Bank for Savings; and City of Columbus, Mississippi.

Supreme Court of Mississippi.

December 23, 1993.

Attorney(s) appearing for the Case

J. Randolph Lipscomb, Lipscomb Geeslin & McClanahan, Columbus, for appellant.

David L. Sanders, Mitchell McNutt Threadgill & Sams, Douglas Dalrymple, Columbus, for appellees.

Before HAWKINS, C.J., and SULLIVAN and McRAE, JJ.

SULLIVAN, Justice, for the Court:

Columbus Hotel Company (hereinafter, CHC) filed suit in 1988 against the lessee, El-Ark, Inc., and its sublessees/assignees to cancel a long term lease agreement. CHC alleged in its complaint that the lease had been breached by failure to render annual audits, numerous late payments and checks returned for insufficient funds, for tearing down a bus station on the property, and for entering into a deed of trust with First Federal Bank...

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