Stamm v. Buchanan

SADLER, Justice.

The question for decision is whether, after valid assignment of a lease pursuant to lessor’s consent contained in the lease, involuntary bankruptcy of original lessee, who as assignor executed the assignment, gave lessor the right to forfeit the lease as against an assignee in possession, performing all the covenants of the lease on lessee’s part to be performed, by reason of an option in the lease providing that bankruptcy of the “lessee,” voluntary or involuntary, should give lessor the right forthwith to terminate the lease and retake possession of the demised premises.

The…