Meyer Bros.' Assignee v. Gaertner
Court of Appeals of Kentucky
Case 56 — LANDLORD AND TENANT — APPEAL FROM CHANCERY DIVISION, JEFFERSON CIRCUIT COURT. 1. An assignment of an unexpired term in a lease without the landlord’s consent even against an express provision in the lease against assigning over without such consent is voidable only and can be taken advantage of by the landlord only by his reentry and the declaring of a forfeiture.
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Case 56 — LANDLORD AND TENANT — APPEAL FROM CHANCERY DIVISION, JEFFERSON CIRCUIT COURT. 1. An assignment of an unexpired term in a lease without the landlord’s consent even against an express provision in the lease against assigning over without such consent is voidable only and can be taken advantage of by the landlord only by his reentry and the declaring of a forfeiture. Taylor Landlord & Tenant, vól. 2, sec. 492; Chautauqua Assembly v. Ailing, 46 Hun, 582; Ready v.- Amer. Brewing Co., 60 111. App., 50; Webster v. Ingalls, 104 111., 170; Shattuck v. Lovejoy, 8 Gray, 204; Sayles v. Kerr, 38…
1Dissent
JUDGE DuRELLE
delivered the following dissenting opinion:
I earnestly dissent from the opinion of the majority. This case is before us upon an agreed statement of fact, which, with the legal questions presented, is fully set forth in the majority opinion.
There was no privy of contract between the assignee of the term and the lessor. As assignee, he was liable because of his possession, and was liable for covenants broken only while he remained in possession of the property, and for such rents only as accrued after he took possession. Taylor’s Landlord & Tenant, v. 2, section 449. He bore the…
2Cases cited4 opinions
- Bailey v. CommonwealthCourt of Appeals of Kentucky · 1876
- Gedge v. ShoenbergerCourt of Appeals of Kentucky · 1885
- Hutsell v. Deposit Bank of ParisCourt of Appeals of Kentucky · 1897
- Botto v. BottoCourt of Appeals of Kentucky · 1885