[Download] "Luminous Neon, Inc. v. Parscale" by Court of Appeals of Kansas ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Luminous Neon, Inc. v. Parscale
• Author : Court of Appeals of Kansas
• Release Date : January 17, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Rita M. Parscale and Rawhide Enterprises of Kansas, Inc.,
(Parscale) appeal from the district court's grant of summary
judgment in favor of Luminous Neon, Inc. Luminous Neon filed suit
against Parscale, seeking liquidated damages in accordance with a
lease between the parties. On appeal, Parscale contends that the
liquidated damages clause constitutes a penalty and is
consequently unenforceable, the doctrine of impracticability
should release her from the lease, and Luminous Neon has been
unjustly enriched by the court's ruling. We affirm. The facts are not largely in dispute. Parscale leased two
custom-designed outdoor advertising signs from Luminous Neon.
Parscale used the signs for her recently opened restaurant
business in Topeka. Under the terms of the lease, Parscale paid
$191.75 plus tax per month. The lease expired after five years.
Sometime after Parscale leased the signs, the City of Topeka
commenced construction on 21st Street that limited access to
Parscale's business.

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