This appeal involves the assignment of a commercial lease from one tenant to another. The appellant cannot avoid its own obligations under the lease by identifying what is, at most, the property owner's waived injury. Appellants failed to plead the affirmative defense of lack of notice of settlement required by an indemnity agreement, so that argument is waived. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-11-01540-CV, 04-22-2013.
Cadillac Bar West End Real Estate v. Landry's Restaurants Inc.
Tx. App. Dist. 5
April 25, 2013