United States Seventh Circuit

Summary judgment for defendant in a suit alleging breach of contract in the lease and administration of a residential healthcare facility is reversed and remanded with instructions to enter summary judgment for plaintiff where: 1) the terms of a voided management agreement were also incorporated into the lease; 2) the terms of the management agreement remained binding on the lessor and lessee despite the legal lapse of the separate management agreement; 3) there were no genuine issues of material fact concerning defendant's breach of the contract and its incorporated terms; and 4) defendant did not have a public policy defense to the enforcement of the contract.

Appellate Information

• Decided 01/22/2007
• Published 01/22/2007

Judges

• KANNE, Circuit Judge., Before RIPPLE, KANNE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James R. Fisher (argued), Miller & Fisher, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• David Tachau (argued), Tachau, Maddox, Hovious, & Dickens, Louisville, KY, for Defendant-Appellee.