Legal Opinion

David Roth's Sons, Inc. v. Wright and Taylor, Inc.

Court of Appeals of Kentucky (pre-1976)

Decided February 17, 1961PublishedCited by 24 opinions

1Opinion of the Court

■CLAY, Commissioner.

By this suit appellant, a lessee, sought a declaration that a certain lease was terminable at will for want of “mutuality.” .The Chancellor ruled otherwise.

The appellee lessor owns the Marion E. Taylor Building in Louisville and in 1955 leased two ground floor store rooms to the lessee. The written lease (containing 32 separate provisions) was for a fixed term of 10 years.

The lessee occupied the premises for over three and a half years. Apparently wishing to terminate its tenancy, the lessee sought a legal ground for doing so. It had no such right under the terms of the…

2Cases cited7 opinions

  1. Bank of Louisville v. BaumeisterCourt of Appeals of Kentucky · 1888
  2. Rehm-Zeiher Co. v. F. G. Walker Co.Court of Appeals of Kentucky · 1913
  3. Morgan v. MorganCourt of Appeals of Kentucky (pre-1976) · 1949
  4. Louisville Tobacco Warehouse Co. v. ZeiglerCourt of Appeals of Kentucky · 1922
  5. Cleveland Wrecking Co. v. Aetna Oil Co.Court of Appeals of Kentucky (pre-1976) · 1941

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Sharon Floss v. Ryan's Family Steak Houses, Inc., Kyle Daniels v. Ryan's Family Steak Houses, Inc.Court of Appeals for the Sixth Circuit · 2000
  2. OVRS Acquisition Corp. v. Community Health Services, Inc.Indiana Court of Appeals · 1995
  3. Marcrum v. EmbrySupreme Court of Alabama · 1973
  4. Braxton v. O'Charley's Restaurant Properties, LLCDistrict Court, W.D. Kentucky · 2014
  5. Lareau v. O'NanCourt of Appeals of Kentucky (pre-1976) · 1962

19 more not listed; retrieve them via the Exa API.

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