Coles Trading Co. v. Spiegel, Inc.

In a suit by a sublessor against a sub-lessee the district court held that the sub-lessee was not obligated to perform certain of the sublessor’s covenants in the overlying lease, where the sublessee had taken “subject to the terms of” such lease, but did not assume the performance of the particular sublessor’s covenants in question ; and from such determination, the sublessor appeals.

The original or overlying lease was between J. W. Dorris and his wife as lessors and the corporation, that later changed its name to the Coles Trading Company, as lessee.

Subsequently, the Coles Trading Company…