H. Thomas Corrie, Representative of Eastern Associates, for claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.


Claimant and respondent entered into a lease agreement on December 18,
1976 for a building
at 950 Kanawha Boulevard, East, in Charleston. Rent was $5,728.00
monthly. Subsequently,
claimant and respondent entered into a second lease agreement dated
October 29, 1986.
Claimant contends that the rent for the month December, 1986 was
proffered by respondent
under the terms of the 1976 agreement instead of the terms of the second
lease agreement.
Claimant seeks $6,314.00.

H. Thomas Corrie, general partner of Eastern Associates, testified that
respondent paid only
partial rent for the month of December, 1986. The amount paid by
respondent was $5,728.00,
in accordance with the 1976 lease, rather than $12,042.00, the amount of
rent under the new
lease. Claimant accepted the $5,728.00 as a down payment or partial
payment of the
December 1986 rent only. He stated that under the terms of the old
lease, respondent rented
two floors of the building. The new lease gave respondent three floors.
The terms of the current
lease also provided for renovations to the building to be performed by
the claimant. The
premises were not ready for occupancy as the renovations were not
completed by December 1,
Dr. K. Edward Grose, Vice-Chancellor for Administrative Affairs for
respondent, testified that
he was familiar with the agreement for the renovations to the building
leased by claimant to the
respondent. He stated that the Commissioner of Finance and
Administration formalized the new
lease, but Dr. Grose was unaware of the date on the new lease as he was
not required to sign it.

It is the opinion of the Court that the parties are bound by the
provisions of the lease in effect
December 1, 1986, which provides the following:

"This agreement supersedes and rescinds that contract of lease dated
December 18, 1976,
made by and between the parties hereto, relative to the subject
premises, said contract of lease
being hereby terminated as of midnight on the 30th day of November,

The new lease clearly provides that $12,042.00 is the amount of rent to
be paid by respondent
for December, 1986. Therefore, the Court makes an award to the claimant
in the amount of
$6,314.00 which is the difference in the amount that claimant actually
received from respondent
for the December rent and the amount recited in the new lease.

Award of $6,314.00.