Rosenthal Law Group attorney, Alex P. Rosenthal, this week obtained a final judgment in a case he tried before the Honorable William Haury, Circuit Court Judge of the Seventeenth Judicial Circuit. The case arose out of a commercial landlord tenant dispute. The tenant executed a lease which was guaranteed by a personal guaranty execute by the tenant's president.
The defendants asserted several legal defenses. First, they asserted that the parties had not reached a binding agreement since the lease document contained several mistakes in the identification of the exact legal name of the tenant. The guaranty also contained an error in that it misidentified the tenant under the Lease. Second, they asserted that they were excused because of impossibility in the performance of the Lease; they asserted that they could not obtain a certain license to operate a certain type of business in the premises.
Mr. Rosenthal defeated these defenses on its client's behalf. First, it sought to reform the Lease and Guaranty to reflect the true intentions of the parties when they entered into the Lease. In addition, Mr. Rosenthal was able to prove that the license that the Defendant's claimed they could not obtain was not necessary for the actual use permitted in the Lease and, in fact, the license was not actually unattainable.
Judgment was entered in amount of $88,219.03.
