BARN-CHESTNUT INC. v. CFM DEV. CORP.

No. 22474.

457 S.E.2d 502 (1995)

193 W.Va. 565

BARN-CHESTNUT, INC., a West Virginia Corporation, Plaintiff, v. CFM DEVELOPMENT CORPORATION, a West Virginia Corporation, Defendant.

Supreme Court of Appeals of West Virginia.

Decided April 14, 1995.


Attorney(s) appearing for the Case

Robert A. Yahn, David J. Sims, Yahn & Sims, Wheeling, for plaintiff.

John P. Bailey, Harry L. Buch, Bailey, Riley, Buch & Harman, Wheeling, for defendant.


WORKMAN, Justice:

This case is before the Court upon the March 31, 1994, order of the Circuit Court of Ohio County certifying the following two questions to this Court:

1. If a franchise agreement depends upon the existence of a valid underlying lease agreement to be in effect, is a lessor/franchisor required to offer a successive lease agreement to a lessee/franchise[e] upon the expiration of the original lease...

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