National Alfalfa Dehydrating And Milling Company, Respondent, v. 4010 Washington, Inc., Appellant, 434 S.W.2d 757

Summary

The tenant sent landlord a termination notice for a commercial lease with a termination date earlier than allowed in the lease. The landlord sent tenant notice of default, and then notified the tenant that the lease was cancelled for breach and that the tenant was liable for all unpaid rent until the premises were relet. The tenant sought a declaratory judgment that it was only liable for a termination penalty set out in the lease. The trial court held that the tenant was liable for rent for the months up to the earliest termination date allowed in the lease, and was liable for the termination penalty for the remaining months of the lease. On appeal by the landlord, the court reversed, holding that the tenant's notice of termination was ineffective because (1) it did not include a valid termination date, (2) it did not give the required notice, and (3) the tenant failed to satisfy the conditions precedent, namely paying rent and termination penalties, before giving notice. Thus, ...