Cain Partnership, Ltd. v. Pioneer Investment Services Co.
Tennessee Supreme Court
914 S.W.2d 452 (1996)
Relevant factsFree
Pioneer (defendant) leased property from Cain (plaintiff) under a lease requiring rent and property tax payments but containing no provisions addressing default, forfeiture, or remedies for breach beyond a fee-shifting clause. When Pioneer failed to pay property taxes, Cain sued to terminate the lease and recover the property, but the trial court and court of appeals held that without an express termination provision, the lease could not be judicially terminated under the traditional common-law rule; Cain appealed.
IssueFree
Whether a landlord may terminate a lease and recover damages for a tenant's breach even where the lease contains no express termination provision.