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10/14/87 KITCHEN JEWELS v. ARNOLD BECK

Filed: October 14, 1987.

KITCHEN JEWELS, INC., DEFENDANT-APPELLANT
v.
ARNOLD BECK, ROSE BECK, D/B/A B & S RENTALS, PLAINTIFFS-APPELLEES



APPEAL FROM THE PIKE CIRCUIT COURT. The Honorable Marvin D. Stratton, Judge. Cause No. 86-C-25

Ratliff, C.j., Robertson, J. and Garrard, P.j., concur

Author: Ratliff

RATLIFF, C.J.

STATEMENT OF THE CASE

Kitchen Jewels, Inc. appeals from the Pike Circuit Court a jury verdict in favor of B and S rentals for breach of a lease agreement. We affirm.

FACTS

On March 1, 1985, Kitchen Jewels, Inc. (Kitchen) entered into a lease agreement with B and S Rentals (B and S). On the date of the lease B and S was a partnership owned by Arnold and Alan Beck. On the date of trial B and S was owned by Arnold and Rose Beck. The lease provided that Kitchen would lease from B and S a tract of real estate and a building that B and S would construct. The lease did not provide for the specific type of building to be erected. However, Kitchen approved B and S's construction of a twelve thousand (12,000) square foot building which also had a partial basement. Kitchen agreed to lease the building, but not the basement.

B and S substantially completed the building by August 1, 1985. On that date B and S met with and advised Kitchen that Kitchen could move into the building and stated that rent would start on September 1, 1985. Kitchen was reluctant to move into the building. On approximately August 19th of 1985, another meeting took place. Kitchen voiced concern over specific problems with the building and stated that Kitchen would not occupy the building until these problems were corrected. B and S complied with Kitchen's requests. However, Kitchen again refused to occupy the building. Kitchen apparently refused occupancy because of a separate dispute Kitchen had with Hurricane Construction, a company owned by Alan Beck, Arnold Beck's son. Kitchen gave no other reason for their refusal. On September 16, 1985, Kitchen's attorney sent a letter to B and S which indicated that Kitchen deemed the lease null and void for failure of consideration.

On November 19, 1985, B and S filed suit against Kitchen and against Virgil Gress, Kenneth C. Mehringer and Joseph Fehriback personally and as representatives. On November 11, 1986, a jury returned a verdict in favor of B and S against only Kitchen. The trial court entered judgment in favor of B and S for Thirty-Six Thousand Six Hundred and Eighty-Four Dollars ( $36,684). Kitchen appeals this judgment.

ISSUES

While Kitchen raises four (4) issues for review, we renumber and rephrase the issues as follows:

1. Whether the trial court erred by entering judgment in favor of B and S based upon the jury's verdict.

2. Whether the trial court erred by admitting photographic evidence of a building presently ...


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