Buck Keenan partner J. Robin Lindley represented the landlord in a lawsuit filed in Collin County District Court against a national restaurant chain. The tenant closed the restaurant during the COVID-19 pandemic, and claimed it was excused from its lease obligations due to Force Majeure, impossibility, impracticability and frustration of purpose. The tenant also filed a counterclaim against the landlord alleging breach of contract.
Prior to trial, Lindley obtained a partial summary judgment in landlord’s favor on both the legal defenses and counterclaims asserted by tenant. Following trial, the landlord was awarded damages of $285,000 representing the value of the rents remaining under the term of the lease agreement.