In re Famous Fain Co.
Court of Appeals for the Second Circuit
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It is not doubted that, if O’Flyn’s tenant became bankrupt during the life of the lease, it was terminable at th,e landlord’s option. That was the bargain, both lawful and usual. This ease, therefore, lies within the narrow limits) of an inquiry as to who was the tenant of O’Flyn’s premises when Famous Fain Company became bankrupt.
Admittedly there was a lease for years to Fain; that written lease was the evidence of the contract made, and privity of contract existed and continued between Fain and O’Flyn, unless destroyed by some subsequent event. But as the…
2Cases cited1 opinion
- Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
3Cited by7 opinions
- Stamm v. BuchananNew Mexico Supreme Court · 1951
- Urban Investment & Development Co. v. Maurice L. Rothschild & Co.Appellate Court of Illinois · 1975
- B & G Properties Ltd. Partnership v. Office Max, Inc.Ohio Court of Appeals · 2013
- Burnett v. Irving Trust Co.Court of Appeals for the Second Circuit · 1937
- Houston v. DrakeCourt of Appeals for the Ninth Circuit · 1938
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