Zwick v. Lodewijk Corporation
Court of Appeals of Texas, Texarkana
847 S.W.2d 316 (Tex. App. 1993)
Rosie Zwick (defendant) leased office space from the Lodewijk Corporation (Lodewijk) and the Harry S. Miller Company (Miller) (plaintiffs). Zwick subleased the space to other tenants and, after receiving rent on the first of each month from the sublessees, often paid rent to the plaintiffs later in the month even though it was due at the beginning under the lease. The lease contained a non-waiver clause stating that the plaintiffs’ failure to act on any default does not waive the default. The lease also contained an integration clause. Zwick, however, stated that the defendants’ express and implied representations to her indicated a willingness to accept rent late. On April 14, 1989, Zwick had not yet paid April rent to the plaintiffs, not unlike a number of previous months. Nevertheless, the plaintiffs terminated Zwick’s lease and evicted her. The plaintiffs then brought suit for breach of the lease, seeking monetary payments. The trial court granted the plaintiffs summary judgment. Zwick appealed.
Rule of Law
Holding and Reasoning (Bleil, 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 168,000 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.