The costs of appeal are assessed against the defendant.

For the reasons indicated in its holding, the lower court rejected the Defendant’s assertion that, pursuant to the instant lease agreement, the Plaintiff became unable to perform or refuses the obligation of the Plaintiff to enter into a lease agreement with the person holding sectional ownership of the store, the use, location, and area of which are the same as

Examining the record, the lower court did not err by misapprehending the legal doctrine on the interpretation of expression of intent, impossibility of performance, refusal of performance, and the principle of pleading, thereby adversely affecting the conclusion of the judgment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.