Cincinnati-Louisville Theater Co. v. Masonic Widows' & Orphans' Home & Infirmary
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Kentucky, at Louisville; Walter Evans, Judge. Action by the Masonic Widows’ and Orphans’ Home and Infirmary and another against the Cincinnati-Louisville Theater Company to recover possession of leased premises. From a judgment of restitution, the defendant brings error. The Masonic Grand Lodge, of Kentucky, owned a building in Louisville.
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In Error to the District Court of the United States for the Western District of Kentucky, at Louisville; Walter Evans, Judge. Action by the Masonic Widows’ and Orphans’ Home and Infirmary and another against the Cincinnati-Louisville Theater Company to recover possession of leased premises. From a judgment of restitution, the defendant brings error. The Masonic Grand Lodge, of Kentucky, owned a building in Louisville. The building contained a theater, and on October 1, 1917, the Grand Lodge leased the theater to the Cincinnati-Louisville Theater Company for two years. The lease contained many…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). There are three substantial contentions made by the plaintiff in error: The first is that the right to cancel did not pass to the lessor’s grantee, but was personal to the lessor; the second is that the covenant for cancellation, if broken, only gave rise to an action for damages; the third is the contract with Flexner was not the “bona fide sale” which would justify cancellation.
[1] 1. Does the covenant for cancellation run with the land so as to avail the lessor’s grantees ? It does not seem very material whether the statute of 32 'Hen. VIII, c. 34, forms…
2Cases cited5 opinions
- McClung v. McPhersonOregon Supreme Court · 1905
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Kettering v. EastlackSupreme Court of Iowa · 1906
- Adams Bros. v. ClarkCourt of Appeals of Kentucky · 1920
- Bruder v. Crafts & D'Amora Co.Appellate Terms of the Supreme Court of New York · 1913
3Cited by10 opinions
- Roth v. HartlSupreme Court of Pennsylvania · 1950
- Castleman v. AvignoneCourt of Appeals for the D.C. Circuit · 1926
- Atlantic Lines, Ltd. v. Narwhal, Ltd.Court of Appeals for the Fifth Circuit · 1975
- Frankfurt Finance Co. v. TreadawayCourt of Appeals of Texas · 1942
- Thompson v. Exchange Building Co.Tennessee Supreme Court · 1928
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