CIRCLE K STORES v. T.O.H. ASSOCIATES, LTD.

No. A12A1595.

734 S.E.2d 752 (2012)

CIRCLE K STORES, INC. v. T.O.H. ASSOCIATES, LTD.

Court of Appeals of Georgia.

November 26, 2012.


Attorney(s) appearing for the Case

Bradley Mitchell Harmon , Savannah, for Appellant.

Sammie Mark Mitchell , Atlanta, for Appellee.


PHIPPS, Presiding Judge.

The trial court granted summary judgment to T.O. H Associates, Ltd. in TOH's suit against Circle K Stores, Inc., alleging that Circle K breached the terms of a lease and an assignment and assumption of lease by failing to pay rent under the terms therein.

Circle K appeals, contending that the trial court erred in granting summary judgment to TOH because: 1) TOH's acceptance of partial rent payments created a question of fact as to...

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