(Download) "Aspen Plaza Co. v. Garcia" by Colorado Court of Appeals No. 82CA0475 # eBook PDF Kindle ePub Free
eBook details
- Title: Aspen Plaza Co. v. Garcia
- Author : Colorado Court of Appeals No. 82CA0475
- Release Date : January 08, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Opinion by JUDGE METZGER Plaintiffs, Aspen Plaza Company and Stephen J. Marcus (lessors), appeal a jury verdict awarding lessee, James E. Garcia, d/b/a Longhorn Dragon Two, damages for constructive eviction. We affirm. Lessee is an Aspen restaurateur who, from December 1976 until January 1980, operated his establishment under a ten-year commercial lease in lessor's shopping center. In January 1979, a blockage in the central sewage line resulted in the back-up of raw sewage into the restaurant. Lessee corrected the blockage without lessor's assistance, after lessor refused to do so. Approximately one year later, the central sewage line backed up again, rendering the premises unsuitable for use as a restaurant. Lessor again refused to clean up the sewage, but demanded rent for April 1980. Lessee once more arranged and paid for repair and cleaning.