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Toys, Inc. v. F.M. Burlington Company

Vermont Supreme Court

582 A.2d 123 (1990)

Relevant factsFree

Toys's (plaintiff) five-year mall lease with Burlington (defendant) included an option to renew for another five years with rent "renegotiated to the then prevailing rate within the mall," and after Toys timely exercised the option, the parties disputed the resulting rate for nearly a year before Burlington began re-leasing the space to another tenant, prompting Toys's breach-of-contract suit; the trial court granted Toys summary judgment, finding the option enforceable, and Burlington appealed arguing the term was too indefinite.

IssueFree

Whether, in Vermont, a lease agreement containing an option provision will be enforced if it contains a practicable, objective method of determining the essential terms.

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