BHOLE, INC. v. SHORE INVESTMENTS, INC.

No. 305, 2012.

67 A.3d 444 (2013)

BHOLE, INC., Outlet Liquors, LLC, Highway I Limited Partnership, Kiran Patel, and Alexander J. Pires, Jr., Defendants Below, Appellants, v. SHORE INVESTMENTS, INC., Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 11, 2013.


Attorney(s) appearing for the Case

Stephen W. Spence (argued), Stephen A. Spence , and Aaron C. Baker, Esquires , of Phillips, Goldman & Spence, P.A., Wilmington, Delaware; for Appellants.

John A. Sergovic, Jr. (argued), Elizabeth L. Soucek, Esquires , of Sergovic, Carmean & Weidman, P.A., Georgetown, Delaware; for Appellee.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.


JACOBS, Justice:

INTRODUCTION

In a so-called "efficient breach," a tenant terminated a commercial lease before the end of the lease term. The lease agreement did not contain an acceleration clause. Before the lease term expired, the landlord brought a Superior Court action to recover the entire unpaid rent for the balance of the lease period. We hold that, although the tenant breached the lease, the court erred by not considering that the lease had...

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