Higgins v. Street
Supreme Court of Oklahoma
Error from the Probate Court of Oklahoma County; before Wm. P. Harper, Probate Judge. STATEMENT OE CASE. , The defendant in error, Street, -leased the Alamo Hotel in Oklahoma City, by written lease for a term of one year at a rental of $200 per month to the plaintiff in error, Higgins, and his associates.
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Error from the Probate Court of Oklahoma County; before Wm. P. Harper, Probate Judge. STATEMENT OE CASE. , The defendant in error, Street, -leased the Alamo Hotel in Oklahoma City, by written lease for a term of one year at a rental of $200 per month to the plaintiff in error, Higgins, and his associates. Higgins, with the consent of Street, sublet the hotel to Mrs. Tedford, who occupied it for a few months and paid the-rent to Street, except $50 which was paid by Higgins at one time-when she was in default. Street consented to the subletting, but refused to accept Mrs. Tedford as his tenant…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
The question of law involved is whether the action of Higgins, after the property was vacated by his subtenant, amounted to an abandonment of the lease, and the action of Street, in repairing and reletting the property to another tenant, constituted either an eviction or an acceptance of the surrender of the lease. Higgins makes both contentions: first, that the lease was surrendered at the time Street consented t'o the subletting to Mrs. Tedford; and, second, if the lease was not surrendered, that the action of Street in taking possession and subleasing…
2Cases cited23 opinions
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Biggs v. StuelerCourt of Appeals of Maryland · 1901
- McCabe & Steen Construction Co. v. WilsonSupreme Court of Oklahoma · 1906
- Scott v. BeecherMichigan Supreme Court · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
- Goldman v. BroylesCourt of Appeals of Texas · 1911
- Miller v. ReadyIndiana Court of Appeals · 1915
- Lusk v. BandySupreme Court of Oklahoma · 1919
- Crowder v. Virginian Bank of Commerce, Inc.Supreme Court of Virginia · 1920
22 more not listed; retrieve them via the Exa API.