Connolly Gallagher’s Joe Wolcott Wins Post-Trial Decision on Behalf of Commercial Landlord
On May 11, 2015, after a full bench trial and post-trial briefing, the Court of Common Pleas of the State of Delaware awarded judgment in favor of a commercial landlord seeking unpaid rent and attorneys’ fees from a former tenant and its personal guarantor. Connolly Gallagher partner Josiah R. Wolcott represented the landlord. At trial, the primary issues were whether the personal guarantor actually signed the lease and agreed to guarantee the debts and obligations of the corporate tenant, and whether the guaranty continued into a renewal term of the lease and through to termination. The Court answered in the affirmative on both questions, finding the testimony of the landlord more credible than that of the guarantor and holding that the personal guaranty obligations survived through the renewal term, based on the agreement of the parties. The landlord was awarded unpaid rent as well as attorneys’ fees.