Brown v. Tucker Professional Associates

Clark, Judge.

The single issue for decision is whether plaintiff appellee had actual knowledge of appellant defendant’s voluntary bankruptcy which would have discharged defendant’s debt as tenant to plaintiff landlord for rent owed by reason of defendant having vacated the premises before expiration of their lease.

The involved facts as adduced by both parties in support of their respective motions for summary judgment are as follows: Just before defendant vacated the premises he told Howell, one of plaintiff's two general partners, that he was in financial difficulty and had filed for…