(DOWNLOAD) "Progress Enterprises, Inc. v. the Litwin Corporation" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Progress Enterprises, Inc. v. the Litwin Corporation
- Author : Supreme Court of Kansas
- Release Date : January 20, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The opinion of the court was delivered by This is an action seeking specific performance of an oral sublease of the Beacon Building in Wichita or, in the alternative, to recover damages for breach of the sublease. The trial court granted summary judgment to the defendant on the ground that the plaintiff's action was barred as a matter of law by the statute of frauds (K.S.A. 33-106). The plaintiff-appellant is Progress Enterprises, Inc., a corporation formed for the primary purpose of operating the Beacon Building. It is the lessee of the Beacon Building under a written lease from the city of Wichita. In this opinion we will refer to the plaintiff as PEI. The defendant-appellee is Litwin Corporation, a wholly owned subsidiary of Amtel Corporation, which has its principal offices in Houston, Texas. The evidentiary record upon which the summary judgment was based included the depositions of Vann V. Jones and Thomas Kinkaid, who represented PEI during the lease negotiations with Litwin and the depositions of Willis Alexander, H. Fred Levine, and Thomas Taylor, who were representatives of Litwin Corporation. In addition, the trial court had before it all of the correspondence and written memoranda prepared by the parties during the course of the negotiations. A review of this case [225 Kan. 213] on appeal has been difficult because the trial court failed to make any findings of fact or conclusions of law in disposing of the case by summary judgment.