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Al-Madinah Petroleum Inc. v. Mahsa Inc.

Tenant properly canceled lease after its $258,000 building suffered more than $163,000 in damage from a tornado, since lease expressly allowed tenant to cancel if the building's damage exceeded half its value.

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Al-Madinah Petroleum, Inc., leased a gas station/convenience store to Mahsa, Inc., for 20 years. The lease obligated Mahsa to insure the property against casualty loss, but also authorized Al-Madinah to obtain the insurance if Mahsa failed to comply with its leasehold obligation. Either party could cancel the lease if the building was destroyed to the extent of 50 percent or more of its value. Was Mahsa authorized to cancel the lease after a tornado damaged the store Did an insurance policy obtained by Al-Madinah relieve Mahsa of its obligation to procure casualty insurance These are the questions for decision.

This action was brought by Mahsa and its chief executive officer Hassanzadeh collectively referred to as Mahsa against Al-Madinah and its chief executive officer Dhanani collectively referred to as Al-Madinah. In the complaint, Mahsa sought rescission of the lease on the ground that Al-Madinah had fraudulently induced it to enter into the lease by failing to disclose that the leased premises would become the subject of a condemnation proceeding. By counterclaim, Al-Madinah charged Mahsa with breaching the lease by failing to pay rent and taxes.

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