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IPC RETAIL PROPERTIES v. ORIENTAL GARDENS, INC.

No. 90,509.

32 Kan.App. 2d 554 (2004)

86 P.3d 543

IPC RETAIL PROPERTIES, L.L.C., Appellee, v. ORIENTAL GARDENS, INC., and CHUNG M. WANG, Appellees, and TONY W. HO, Appellant.

Court of Appeals of Kansas.

Opinion filed March 12, 2004.

Attorney(s) appearing for the Case

Patrick B. Hughes, of Adams & Jones, Chartered, of Wichita, for appellant Tony W. Ho.

Jeff Kennedy and Teresa Mah, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, for appellee IPC Retail Properties, L.L.C.

No appearances by appellees Oriental Gardens, Inc., and Chung M. Wang.

Before GREEN, P.J., LEWIS, J., and JOHN J. BUKATY, JR., District Judge, assigned.

GREEN, J.:

Tony Ho appeals from a bench trial judgment awarding past and accelerated future rents to IPC Retail Properties, L.L.C. (IPC). The case stems from the termination of a commercial lease for nonpayment of rent between IPC as landlord and Oriental Gardens, Inc., as tenant. As a guarantor on the lease, Ho was liable for the judgment amount. On appeal, Ho first argues that his guaranty never became effective because his spouse did not sign the guaranty. We find...

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