Le Gierse & Co. v. Green
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. The appellee Green sued, as plaintiff, Le Gierse & Co., G. W. Bird & Co. arid Focke & Wilkins, as defendants, to recover from them the rent due under a written lease from Green to Bear Bros. & Hirsch, claiming that the defendants in the suit were liable to Green for the rent due, by reason of the fact that the defendants in the suit were purchasers of the leasehold interest of Bear Bros. & Hirsch at a sale…
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. The appellee Green sued, as plaintiff, Le Gierse & Co., G. W. Bird & Co. arid Focke & Wilkins, as defendants, to recover from them the rent due under a written lease from Green to Bear Bros. & Hirsch, claiming that the defendants in the suit were liable to Green for the rent due, by reason of the fact that the defendants in the suit were purchasers of the leasehold interest of Bear Bros. & Hirsch at a sale made under a judgment of foreclosure of attachment in a suit against Bear Bros. & Hirsch. The defense interposed was that…
1Opinion of the Court
Stayton, Associate Justice.—
If the appellants became the assignees of the leasehold interest conveyed by the contract between Jacob It. Green and Bear Bros. & Hirsch, then they became liable and bound to pay the rents in accordance with that agreement. Harvey v. McGrew, 44 Tex., 413; Wood’s Land. and Ten., 310, 335, and cases cited.
Whether they so became was a question for the jury under the evidence, and this the court properly submitted to the jury.
The acts and contracts of the parties were of such character as to leave it uncertain what the real intention of the parties, under the contract…
2Cited by17 opinions
- Cauble v. HansonTexas Commission of Appeals · 1923
- Jackson v. KnightCourt of Appeals of Texas · 1917
- Waggoner v. EdwardsCourt of Appeals of Texas · 1933
- Marathon Oil Co. v. RoneCourt of Appeals of Texas · 1935
- White v. WadlingtonTexas Supreme Court · 1890
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