Jones v. Fowler Drug Co.
Court of Appeals of Kentucky
Case 21. — ACTION BY THE J. W. FOWLER DRUG COMPANY AGAINST SAUNDERS P. JONES AND OTHERS, TO RESTRAIN THE DEFENDANTS FROM REMOVING PLAINTIFFS FROM THEIR LEASED PREMISES. Appeal from Jefferson Circuit Court, Chancery Branch (1st Division). Shackelford Miller, Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1. A lease of an apartment in a building carries with it no right to the soil, and the destruction of the building terminates the lease.
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Case 21. — ACTION BY THE J. W. FOWLER DRUG COMPANY AGAINST SAUNDERS P. JONES AND OTHERS, TO RESTRAIN THE DEFENDANTS FROM REMOVING PLAINTIFFS FROM THEIR LEASED PREMISES. Appeal from Jefferson Circuit Court, Chancery Branch (1st Division). Shackelford Miller, Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1. A lease of an apartment in a building carries with it no right to the soil, and the destruction of the building terminates the lease. (Helburn v. Miofford, 7 Bush, 170; Ky. Stats., sec. 2297; Sun Insurance Company v. Varble, Receiver, 103 Ky., 764; Winton v.…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
By lease dated July .1, 1901, appellants rented to-C. J. Rosenham & Co., for use as retail drug store, that part of the Masonic Temple building, on the ground floor, which is at the northeast corner of the building, fronting on Jefferson street 20 feet and 6 inches. In the lease the parties attempted to. give the metes and bounds of the room leased. The lease extended from July 1,1901, to January 1,1905, at an- annual rental of $4,500, payable in monthly installments. On May 13, 1903, Rosenham & Co. assigned the benefit of their lease to the appellee for a…
2Cases cited1 opinion
- Helburn & Co. v. MoffordCourt of Appeals of Kentucky · 1870
3Cited by5 opinions
- Montanus v. BuschmeyerCourt of Appeals of Kentucky · 1914
- White v. SteeleCourt of Appeals of Texas · 1930
- Abrams v. SimonCourt of Appeals of Kentucky (pre-1976) · 1932
- Stanley Drug Co. v. Finance Realty Corp., Pennsylvania Court of Common Pleas, Philadelphia County1931
- White v. SteeleCourt of Appeals of Texas · 1930