J.J. Newberry Co. v. City of East Chicago
Court of Appeals of Indiana
441 N.E.2d 39 (1982)
J.J. Newberry Co. (Newberry) (plaintiff) entered into a lease for a piece of real estate to operate a variety store. The lease stated that if the premises was damaged or destroyed by fire, the owner of said premises was required to rebuild. In 1971, the premises in question was destroyed by fire. In 1973, Newberry brought an action against the owner of said premises to compel him to rebuild as required by the lease. While the action was ongoing, the City of East Chicago (defendant) condemned the premises in question, and exercised its power of eminent domain over the property. Newberry then brought suit for compensation for the taking. The trial court determined that East Chicago was to pay Newberry $760 plus interest, as recommended by expert testimony. Newberry appealed to the Court of Appeals of Indiana, arguing that it was entitled to greater compensation.
Rule of Law
Holding and Reasoning (Staton, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.