Fidelity Bank of Durham v. Bloomfield

The defendant Bloomfield assigns as error the failure of the court to allow his motion for judgment of nonsuit made at the close of all the evidence. G.S. 1-183. Bloomfield’s contention is that having transferred the lease of 12 September 1951 to the “Peoples Fruit and Pr. Co.” on 1 October 1953, he was from that time relieved from any personal obligation to pay rent.

In Annotation 36 A.L.R. 316, this is written: “It is established by an unbroken line of authority that where a lease containing an express covenant to pay rent has been assigned, the fact that the lessor thereafter accepts rent…