Cities Service Oil Company v. Taylor

Ofinion of ti-ie Court by

Judge Willis- —

-Reversing.

The validity of the transfer of a ten-year lease is involved. The primary problem to be determined is whether a restrictive covenant respecting a subletting of the premises applied to an assignment of the lease. A secondary question concerns the effect upon the right of forfeiture of the acceptance of rentals from the assignee. The lessor instituted a proceeding of forcible detainer against the assignee of the lease. Upon the facts stipulated, the plaintiff prevailed in the county -court and in the circuit court. The assignee has appealed…