Piggly Wiggly Southern, Inc. v. Heard

405 S.E.2d 478 (1991)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
P
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Piggly Wiggly Southern, Inc. v. Heard

Supreme Court of Georgia
405 S.E.2d 478 (1991)

RL

Facts

Piggly Wiggly (defendant) entered into a commercial lease with the predecessor in interest of Heard (plaintiff). Piggly Wiggly built and operated a grocery store on the leased premises and exercised three options to renew the lease. One month after exercising the third renewal option, Piggly Wiggly closed its store on the leased property and relocated to a shopping mall. Piggly Wiggly would not agree to sublet the property to other interested grocery store tenants, and Heard sued for damages in breach of the lease on the grounds that the terms of the lease required that the property be continuously operated in the pursuit of a lawful business. The court of appeals concluded that the lease contained both an express and an implied covenant of continuous use and ruled in favor of Heard. Piggly Wiggly appealed to the supreme court.

Rule of Law

Issue

Holding and Reasoning (Hunt, J.)

Dissent (Benham, J.)

What to do next…

  1. 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 780,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 780,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 780,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms