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EAST BROADWAY CORP. v. TACO BELL CORP.

No. 94-875.

542 N.W.2d 816 (1996)

EAST BROADWAY CORPORATION, An Iowa Corporation, Appellee, v. TACO BELL CORPORATION, a California Corporation, Appellant.

Supreme Court of Iowa.

January 17, 1996.

Attorney(s) appearing for the Case

A.W. Tauke of Porter, Tauke & Ebke, Council Bluffs, for appellant.

Robert J. Laubenthal of the Smith Peterson Law Firm, Council Bluffs, for appellee.

Considered by HARRIS, P.J., and LARSON, LAVORATO, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

The landlord filed suit in district court requesting judgment for damages arising from the breach of a lease and its implied covenant for continued operation. The tenant had paid the base rent for the last year of the lease but paid no percentage rent because it was not operating its business at the lease site. The tenant denied there was an implied covenant for continued operation and filed a motion to adjudicate law points. After hearing on the...

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