In this suit involving a commercial lease, Peachtree-TSG Associates, LLC brought suit against The Tap Room, Inc., its tenant, for unpaid rent and damage to the premises. Tap Room answered and counterclaimed, and the trial court granted partial summary judgment to Peachtree on Tap Room’s counterclaims. Tap Room appeals that ruling, contending in separate enumerations of error that the trial court erred in granting summary judgment in favor of Peachtree on each count of its counterclaim. We find that the trial court’s ruling was proper, and we affirm the judgment. The record shows the following relevant facts: in April 1998, Tap Room and Peachtree Complex, L.P., entered into a lease agreement for premises located in Peachtree Center in Atlanta. Peachtree Complex later assigned all its rights in the lease to Peachtree-TSG Associates LLC. The lease called for the payment of a fixed base rent, as well as charges for the use of common areas and other additional charges, including water usage. Various amendments to the lease were contemplated as a result of Tap Room’s difficulties with the water coolant system, and an agreement was worked out to amend the lease. When the amendment was drafted and presented to Tap Room, however, it sought additional changes, and Peachtree elected not to modify the lease. Additionally, in June 2000, Peachtree discovered that because of an error in placing a decimal point it had been miscalculating Tap Room’s water charges.
Eventually, Tap Room became interested in selling its business, and in March 2001 began negotiating with Joe Romano, the principal of another Peachtree tenant, for a sale and purchase of Tap Room’s business. Terms of sale were worked out, and meetings were held between Peachtree’s representative Nancy Dungan, Tap Room’s principal Tony LaRocco, and Romano. Assignment of Tap Room’s lease to Romano was discussed. A dispute existed regarding outstanding amounts Tap Room owed to Peachtree. Notwithstanding the dispute, by letter to Tap Room’s counsel Peachtree agreed to an assignment of the lease, provided that Tap Room paid the outstanding amounts then due under the lease. When Tap Room failed and refused to pay the amount demanded, Peachtree refused to agree to the assignment, and this action ensued.
