D.E. Properties Corporation v. Food for

Defendant, Food For Less, Inc. (Lessee), filed a counterclaim against plaintiff, D.E. Properties Corporation (Lessor), seeking
to recover rent paid pursuant to a lease during the time the premises were untenantable. The circuit court granted Lessee's
motion for summary judgment and entered judgment in favor of Lessee in the amount of $22,499.19. We affirm. On September 1, 1983 Fenton Plaza Shopping Center/Diversified Equities (FPSC/DE) and Lessee executed a five-year lease (Primary
Lease) for approximately 17,500 square feet at #60 Fenton Plaza Shopping Center beginning October 15, 1983 with an option
to renew for two additional five-year terms. The Primary Lease bound an assignee of FPSC/DE's leasehold interest to the Primary
Lease terms. FPSC/DE subsequently assigned the Primary Lease to Lessor.