Kimble v. Willey

Our previous opinion noted, 198 F.2d 812, 818, that the general statement has been made in texts and opinions that any attempted attornment by a tenant to a third party, while in occupancy under his lease, is void. As between the landlord and the tenant themselves, or as between the claims of two landlords in relation to each other, both of whom are usurpers,3 this is the universal rule. But, as our previous opinion pointed out, an examination of the reported cases will show that this general statement does not represent expression which has been made in a consideration and adjudication of…