AURORA BUSINESS PARK v. ALBERT, INC.

95-112.

548 N.W.2d 153 (1996)

AURORA BUSINESS PARK ASSOCIATES, L.P., Appellee, v. MICHAEL ALBERT, INC., and Michael L. Albert, Appellants.

Supreme Court of Iowa.

May 22, 1996.


Attorney(s) appearing for the Case

David G. Wilwerding of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., Omaha, Nebraska, for appellants.

Mary S. Bernabe, Des Moines, for appellee.

Considered en banc.


ANDREASEN, Justice.

The district court entered judgment for the landlord on its action for the recovery of past unpaid rent and for future rent as damages under an acceleration clause in the parties' lease. The tenant contends that the acceleration clause constitutes an unenforceable penalty and that the court failed to award the proper damages. We affirm as modified and remand.

I. Background Facts and Proceedings.

The defendants, Michael...

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