Piggly Wiggly Southern, Inc. v. Heard
Supreme Court of Georgia
405 S.E.2d 478 (1991)
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
Holding and Reasoning (Hunt, J.)
Dissent (Benham, J.)
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