CO STATEColorado Court of Appeals
2004

Dinnerware Plus Holdings, Inc. v. Silverthorne Factory Stores, LLC

128 P.3d 245Colorado Court of Appeals • Decided 2004Modified

HOLDING

A lease provision requiring pass-through charges 'provided that all other tenants are similarly obligated' creates a condition precedent to the tenant's payment obligation, not merely a landlord promise, and the tenant is relieved of this obligation when the condition is not satisfied.

FULL COURT OPINION