Contracts: Commercial Lease-Breach

Plaintiff appealed the no-cause judgment. Plaintiff entered a contract to lease a build-to-suit restaurant to defendant. Under the lease, defendant had to provide plaintiff a list of furniture, fixtures, and equipment it wanted. Defendant forwarded orders from two approved FF&E vendors; however, plaintiff demanded that the vendors enter a contract, but the vendors were unwilling to agree to plaintiff’s list of demands. After plaintiff demanded that defendant amend the lease to commence rent, defendant purported to terminate the lease. Plaintiff declared defendant in material default for failing to provide FF&E information. On appeal, plaintiff challenged the trial court’s findings that defendant did not breach the lease and plaintiff anticipatorily repudiated the lease.

Where the record demonstrated that defendant timely provided FF&E information, the weight of the evidence supported the trial court’s conclusion that plaintiff repudiated the lease by refusing to pay for FF&E until defendant signed the lease amendment.

Judgment is affirmed.

Keystone Hospitality, LLC v. Capitol Food Group, LLC (MLW No. 82147/Case No. WD86455 – 14 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Johnson County, Teichman, J. (James Freeman, III, Kansas City and Vincent Gualtier, Kansas City for appellant) (Scott Nehrbass, Overland Park and Sarah Otto, Overland Park for respondents)