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Facts: The owner of a shopping center sued a former tenant, a fast-food chain company, after the company's franchisee assumed the company's original lease but then breached by terminating early. Because the company remained the guarantor under the original lease, it made the franchisee's rent payments to the owner after the breach. The company and the owner later entered negotiations for a new lease, which broke down after the company objected to the unreasonable 60-day-out provision that the owner proposed. It subsequently stopped making rent payments.
