Legal Opinion

Scott Bros. v. Flood's Trustee

Court of Appeals of Kentucky

Decided February 27, 1907PublishedCited by 2 opinions

CASE 94. — ACTION BY LENA SCOTT FLOOD’S TRUSTEE AGAINST SCOTT BROTHERS FOR RENT.— Appeal from Fayette Circuit Court, Watts Parker, Circuit Judge. Judgment for plaintiff. Defendants appeal. Our contention is that a building is none the less leased if it be included in a group of buildings leased, nor is it any the less leased, even if the .amount of rent be not fixed in terms by the lease.

Read the full summary

CASE 94. — ACTION BY LENA SCOTT FLOOD’S TRUSTEE AGAINST SCOTT BROTHERS FOR RENT.— Appeal from Fayette Circuit Court, Watts Parker, Circuit Judge. Judgment for plaintiff. Defendants appeal. Our contention is that a building is none the less leased if it be included in a group of buildings leased, nor is it any the less leased, even if the .amount of rent be not fixed in terms by the lease. (Kentucky Statutes, sec. 2297; Sun Insurance Co. v. Yarble, Receiver, 103 Ky., 758.) POINTS AND AUTHORITIES. 1. The statute applies both to a lease of a single building and to a lease of a group of…

1Opinion of the Court

Opinion of the Court by

John D. Carroll, Commissioner

Reversing.

In- February, 1903, tbe appellants leased for 23 months, from tbe Security Trust & Safety Vault Company, of Lexington, as trustee of appellee, a lot in tbe city of Lexington, known as “Scott’s Factory,” upon wbicb there was located four buildings — two designated as hackling bouses, and two as warehouses. Appellants agreed to pay as rent for tbe premises *742$75 each month. It was provided in the lease.that “said second party (appellants) is-to take good care of said premises and return the same in as good condition as when received by…

2Cases cited3 opinions

  1. Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
  2. Whitaker v. HawleySupreme Court of Kansas · 1881
  3. Helburn & Co. v. MoffordCourt of Appeals of Kentucky · 1870

3Cited by2 opinions

  1. Nixon v. GammonCourt of Appeals of Kentucky · 1921
  2. Denham v. MadoleWisconsin Supreme Court · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API