Wester & Co. v. Nestle

STERNBERG, Judge.

The plaintiff, Wester & Co., leased a store to defendant Nestle and third-party defendant Ellis, who conducted a partnership business named Red Rocks Meat and Deli on the premises. Nestle assigned his interest in the partnership to third-party defendant Herline. Rent being in default, the lessor sued Nestle. When Nestle prevailed in a trial to the court, the lessor appealed. We affirm.

Nestle and Ellis leased the premises in June 1978. They signed the lease as individuals, but lessor knew they were operating Red Rocks Meat and Deli as a partnership. Nestle transferred his…