Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)

Citation: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Parent Document: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Jurisdiction: Vermont (state)
Effective Date: 2013-01-25
Original Source: https://www.courtlistener.com/opinion/1043650/vermont-small-business-developm... ↗

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¶ 18. The second issue on appeal is whether the trial court erred by not giving an instruction to the jury that lessee was liable to lessor for rent due under the restaurant lease for the period between the wrongful eviction and the end of the lease term. As discussed above, the jury instructions read, in pertinent part: “[Lessors] claim they are entitled to full satisfaction of all obligations under the entirety of the [restaurant] lease contract. You will calculate [lessor’s damages as what you determine to be the total amount of unpaid rent and utilities.” The jury declined to award damages for nonpayment of rent for the period after the eviction. Lessor argues on appeal, as he did in his post-trial motion, that the trial court should have instructed the jury that lessee was liable for rent during that period. He bases his argument (1) on the “survival clause” in Article XIII of the restaurant lease that states that “[n]o expiration of the term of this Lease or repossession of the Leased Premises by reason of an Event of Default shall relieve Lessee of its liability and obligations under this Lease, all of which shall survive any such expiration or repossession,” and (2) on the clause in that same Article providing for liquidated damages in the amount of all unpaid rent in the event of default.

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