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Zwick v. Lodewijk Corporation

847 S.W.2d 316 (Tex. App. 1993)

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Zwick v. Lodewijk Corporation

Court of Appeals of Texas, Texarkana

847 S.W.2d 316 (Tex. App. 1993)

Facts

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

Issue

Holding and Reasoning (Bleil, J.)

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