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240 Poplar Avenue General Partnership v. Gray

Court of Appeals of Tennessee, Jackson

February 2, 2017

240 POPLAR AVENUE GENERAL PARTNERSHIP
v.
CHERYL GRAY

          Assigned on Briefs December 2, 2016

         Appeal from the Circuit Court for Shelby County No. CT-001325-14 Felicia Corbin-Johnson, Judge.

          This is a breach of contract action in which the lessor filed suit against the lessee for nonpayment of rent, utilities, and repairs pursuant to the terms of a lease agreement for two units in a commercial building. Following a hearing, the trial court entered a judgment in favor of lessor. The lessee appeals. We affirm.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed; Case Remanded.

          Cheryl Gray, Lakeland, Tennessee, pro se.

          Roger A. Stone, Memphis, Tennessee, for the appellee, 240 Poplar Avenue General Partnership.

          John W. McClarty, J., delivered the opinion of the Court, in which Frank G. Clement, Jr., P.J., M.S., and Kenny Armstrong, J., joined.

          OPINION

          JOHN W. McCLARTY, JUDGE

         I. BACKGROUND

         On March 17, 2004, Cheryl Gray ("Lessee"), individually and doing business as Gray Bail Bond Company ("Gray Bail Bond"), entered into a lease agreement with 240 Poplar Partnership ("Lessor") for the use of two offices in a commercial building. The lease agreement provided, in pertinent part, as follows:

WITNESSETH, that [Lessor], for and in consideration of the rent hereinafter reserved and the covenants, agreements and stipulations herein contained to be paid, executed and performed by [Lessee], does by these presents let, lease and demise unto said [Lessee], its successors, successors in interest and assigns, the following described property located in Memphis, to-wit: One (1) office located at 240 down Poplar Avenue and one (1) office located at 238 up Poplar Avenue.

         PURPOSE

It is agreed that the business to be conducted within the leased premises is that of the bail bond business and other services which may be reasonably related to the business.

         TERM OF LEASE

[Lessee] shall have and hold the above described property for a five-year term beginning with the 1st day of April, 2004 and ending on the 31st day of March, 2009. This Lease shall automatically be renewed for subsequent one (1) year terms under the same Lease provisions of this Agreement unless Lessee gives written notice of intent not to renew, said notice to be delivered to [Lessor] no less than three months prior to the expiration of the lease.
After the second year, [Lessor] may cancel or amend lease with ninety days['] notice to [Lessee].
* * *

         AMOUNT ...


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