Cain Partnership, Ltd. v. Pioneer Investment Services Co.

914 S.W.2d 452 (1996)

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Cain Partnership, Ltd. v. Pioneer Investment Services Co.

Tennessee Supreme Court
914 S.W.2d 452 (1996)

Facts

In 1974, Cain Partnership, Ltd. (Cain) (plaintiff) leased a tract of property to Pioneer Investment Services Co. (Pioneer) (defendant). The lease required Pioneer to pay rent and any property taxes. Except for a provision allowing Cain to recover attorney’s fees if Cain had to sue to enforce the lease, the lease did not contain any language regarding default in payment or performance, forfeiture, or remedies for breach. When Pioneer failed to pay property taxes, Cain sued to terminate the lease and recover the premises. The trial court found that the lease had no provision for termination, and therefore, the lease could not be judicially terminated. Accordingly, the trial court dismissed the case. The Tennessee Court of Appeals affirmed the trial court’s decision. Cain appealed.

Rule of Law

Issue

Holding and Reasoning (Reid, J.)

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