Wells v. Waddell
Montana Supreme Court
Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by Ralph Wells against E. C. Waddell. Plaintiff had judgment. Defendant appeals from it and from an order denying his motion for a new trial. The assignment of a lease presupposes the ownership of an estate to be assigned.
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Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by Ralph Wells against E. C. Waddell. Plaintiff had judgment. Defendant appeals from it and from an order denying his motion for a new trial. The assignment of a lease presupposes the ownership of an estate to be assigned. Since it was not made to appear on plaintiff’s behalf that E. W. Waddell ever owned the lease, there could be no estate upon which any alleged assignment by E. W. Waddell could operate. The duty of an assignee of a lease to pay rent arises solely from privity of estate between the lessor and the…
1Opinion of the CourtJustice Holloway
The plaintiff is the owner of a certain lot and a two-story building situated thereon, in Three Forks, Montana. In his complaint in this action he alleges his ownership; that defendant was the assignee of a leasehold interest in and to" the lot and the lower floor of the building and obligated to pay the stipulated rent and one-half of the cost of heating the building; that defendant held possession of the premises under the lease from January 31, 1917, until the expiration of the term (August 19, 1917), but failed and refused to pay any part of the rent or cost of maintenance. Attached to…
2Cases cited12 opinions
- Webster v. NicholsIllinois Supreme Court · 1882
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- Moore v. ShermanMontana Supreme Court · 1916
- Leadbetter v. PewthererOregon Supreme Court · 1912
- Tatem v. Eglanol Mining Co.Montana Supreme Court · 1912
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3Cited by19 opinions
- Florence Lustig Crossman, A/K/A Florence Lustig, Trading and Doing Business as Florence Lustig v. Fontainebleau Hotel Corp.Court of Appeals for the Fifth Circuit · 1959
- Gravelin v. PorierMontana Supreme Court · 1926
- Roseneau Foods, Inc. v. ColemanMontana Supreme Court · 1962
- Sorensen v. JacobsonMontana Supreme Court · 1951
- Estate of Nix v. KnudsenMontana Supreme Court · 1923
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