T&W Building Co V. Merrillville Sport & Fitness Inc.

In: Business and Management

Submitted By vmontalvo
Words 1332
Pages 6
Running Head: T&W Building Co v. Merrillville Sport & Fitness Inc.

T&W Building Co v. Merrillville Sport & Fitness Inc.

Keller Graduate School of Management

Professor: James Keenan

Business Law: Strategic Considerations for Managers & Owners

April 2013

Parties
T&W Building Company, the landlord, the defendant in the case.
Merrillville Sport & Fitness, INC., the tenant, the plaintiff in the case.
Facts
T&W Building Company entered into a five-year lease agreement as the landlord with Merrillville Sport & Fitness INC., to lease space in a building that would be used as a sports and fitness center. The lease provided that the landlord was to keep the heating and cooling “in good order, repair, and condition” and was to commence required repairs as soon as reasonably practicable after receiving a written notice of the problems. The tenant complained of several problems throughout the first year of their tenancy. First the heating system didn’t work properly, causing the premises to be extremely cold, particularly through the winter months. Second there was no water on several occasions. Third there was only one electrical outlet installed on the premises. As a result of these problems the tenants lost members. They gave notice and vacated the premises within one year of signing the lease.
Procedure
Finding that constructive eviction occurred, the jury awarded the tenants $36,615.56 in damages. The landlord brought the appeal contesting the courts award. He presented the following issues for the court review: I. Whether the jury’s finding of constructive evection, based upon its determination that abandonment occurred within a reasonable time, was contrary to law? II. Whether there was sufficient evidence supporting the damages awarded of $36,615.56? III. Whether the amount of damages…...

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