389 F.2d 207 (7th Cir. 1968), 16438, Talbot v. Citizens Nat. Bank of Evansville

Docket Nº:16438.
Citation:389 F.2d 207
Party Name:George TALBOT, Jr., Plaintiff-Appellant, v. The CITIZENS NATIONAL BANK OF EVANSVILLE, Defendant-Appellee.
Case Date:January 30, 1968
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 207

389 F.2d 207 (7th Cir. 1968)

George TALBOT, Jr., Plaintiff-Appellant,

v.

The CITIZENS NATIONAL BANK OF EVANSVILLE, Defendant-Appellee.

No. 16438.

United States Court of Appeals, Seventh Circuit.

January 30, 1968

Page 208

Joseph B. Minor, Evansville, Ind., for plaintiff-appellant.

Willard C. Shrode, Evansville, Ind., for defendant-appellee.

Before HASTINGS, Chief Judge, and KNOCH, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.

HASTINGS, Chief Judge.

Plaintiff-appellant George Talbot, Jr. appeals from a summary judgment entered in favor of defendant-appellee Citizens National Bank of Evansville on a complaint for damages for breach of a lease. Appellant also appeals from the denial of his motion for summary judgment.

Although appellant contends there were genuine issues of fact for trial, we find, after reviewing the record, no genuine dispute concerning a material fact.

In 1945, appellant's predecessor in interest, Talbot Corporation, leased space in an Evansville, Indiana shopping center to appellee for use as a branch bank. On December 12, 1952, Talbot Corporation and appellee executed a new lease which described the leased premises by metes and bounds, adding 'commonly known and designated as 1925 Lincoln Avenue, together with any and all buildings and improvements located thereon.' Appellant subsequently acquired the reversion.

The lease was for a term of fourteen years. It gave appellee the right to remove 'all trade fixtures installed by it, including heating equipment * * *' at the termination of the lease and required appellee to remove a permanently-installed bank vault, if requested to do so by appellant. It further provided that upon termination all improvements 'except furniture, trade fixtures and equipment which may be removed without substantial damage to the premises' should be surrendered by appellee.

As described in terms of metes and bounds, the leased premises consisted of the land occupied by a building and a 5.45 foot strip of land along the west side of the building. The 5.45 foot strip was occupied by a walk, which ran alongside

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the building, and a portion of a parking lot used by customers of appellee and other businesses in the shopping center.

In 1945 or 1946, a boiler and an air conditioner were installed, at appellee's expense, in the leased building. These units were connected to the building's heating and cooling systems.

On March 7, 1966, appellee notified appellant that it did not intend to renew the lease. On July 27, appellant requested appellee to remove the bank vault.

Appellee discontinued its banking operations on the leased premises on August 12, 1966, three and one-half months before the expiration of the lease. Appellee's banking facilities were moved to a new location approximately fourteen blocks away.

Pursuant to an agreement with appellant, Old National Bank of Evansville installed a mobile banking unit at appellant's shopping center on August 15, 1966. The mobile banking unit encroached on the 5.45 foot strip of land west of the building on the leased land.

On the day the mobile banking unit was installed, appellee's attorney, in the presence of appellant's attorney, informed appellant by telephone that the mobile banking unit had been installed and requested that it be removed before noon on August 17, 1 two days later.

Appellant did not cause the mobile banking unit to be moved.

By letter of August 19, 1966, appellee stated to appellant that appellant's action 'in permitting a competitor bank to move a mobile trailer and to erect improvements on our leased premises, and parking lot facilities' constituted a breach of its lease. Appellee expressed the belief that the breach was substantial and notified appellant that it elected to rescind the lease and vacate the leased premises. Appellant received such letter on August 23.

Appellee promptly vacated the premises, removing the boiler and air conditioner. It made no further rent payments and did not remove the vault.

Appellant did not request Old National Bank to move its...

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