Sparkman v. Hardy

78 So. 2d 584 (1955)

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Sparkman v. Hardy

Mississippi Supreme Court
78 So. 2d 584 (1955)

SC

Facts

Edd and Marion Hardy rented space in a building owned by L. B. Sparkman. The lease was for 10 years, with a renewal period of 15 years. The Hardys used the space as an electric appliance store. The Hardys installed a partition in their space in the building and sublet the room the partition created to a jewelry store. The Hardys also made a change to the front entrance of their store. The lease did not contain any provisions prohibiting the Hardys from making these changes. When the Hardys refused to restore the building to its original state, Sparkman stopped accepting rent from the Hardys. The Hardys sued seeking an order requiring Sparkman to accept the rent and continue the lease. Sparkman responded by seeking cancellation of the lease, claiming that the Hardys’ changes were material and constituted waste. Sparkman’s witness testified that it would cost approximately $1,000 to restore the building. The value of the building was not established at trial, but the building was insured for $15,000. The trial court found in favor of the Hardys. Sparkman appealed.

Rule of Law

Issue

Holding and Reasoning (Lee, J.)

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