Scott v. Mullins

This is an action for declaratory relief. Plaintiffs, assignees of a sublessee, seek' to establish their right to recover prepaid rent against the sublessor and the sublessor’s assignee. The matter was tried by the judge alone upon a stipulation of facts and documentary exhibits. Judgment was in favor of plaintiff against defendant sub-lessor but in favor of the sublessor’s assignees.

The court found the facts to be substantially as follows: In June 1951 defendant Mullins, as lessee of certain real property, executed a sublease thereon to Pliillip Kay and Robert Mason. Kay and Mason built a…