Starlite Limited Partnership v. Landry's Restaurants, Inc.

780 N.W.2d 396 (2010)

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Nature of the Case

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Facts

Seafood House extended a written, signed offer to Starlite (P) to lease P's property. Seafood House's parent corporation, Landry's (P) executed a written guaranty of Seafood House's April 30 lease agreement that presumed D's acceptance. The written offer set out the general lease terms over its twenty-year duration. P was to execute multiple copies and returned at least one fully executed copy to Seafood House within six (6) days after the date of execution hereof by Seafood House, or the offer shall be deemed withdrawn, and this lease shall be null void, and of no force and effect. P signed and returned five days after the deadline. Seafood House occupied and paid rent and taxes from 1998 until May 2007 when it vacated the property. P sent notices of past due amounts to P and Seafood house demanding P as guarantor pay the amounts. P sued D and moved for summary judgment. P argued that Seafood House waived its deadline for acceptance by occupying the property and paying rent. The court gave judgment to P, and D appealed.