Legal Opinion

Godfrey v. Black

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 13 opinions

Error from Sedgwick District Court. Injunction, brought by Robert Black against F. S. Roberts and M. O. Roberts, partners as Roberts Brothers, and C. E. Godfrey, to restrain Roberts Brothers from subletting any portion of the Manhattan hotel, situated in the city of Wichita, and to restrain C. E. Godfrey from occupying the hotel office as a real-estate and brokerage office.

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Error from Sedgwick District Court. Injunction, brought by Robert Black against F. S. Roberts and M. O. Roberts, partners as Roberts Brothers, and C. E. Godfrey, to restrain Roberts Brothers from subletting any portion of the Manhattan hotel, situated in the city of Wichita, and to restrain C. E. Godfrey from occupying the hotel office as a real-estate and brokerage office. In his petition, Black stated in substance that he was the owner of the premises, and had constructed the building thereon to be used as a first-class hotel, and that he let the same to the Roberts Brothers to be used as a…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

We see no reason to disturb the order granting the temporary injunction. The building in question was' constructed for use as a first-class hotel, was rented for that' purpose, and it was expressly specified in the lease that the lessee should not sublet the premises or permit anyone else to occupy the same without the consent in writing of the lessor having been first obtained. In direct violation of the terms of the lease, Roberts Brothers sublet a portion of the hotel office, to be used by Godfrey in carrying on a business inconsistent…

2Cases cited2 opinions

  1. Stees v. KranzSupreme Court of Minnesota · 1884
  2. Bodwell v. CrawfordSupreme Court of Kansas · 1881

3Cited by13 opinions

  1. McColm v. StegmanCourt of Appeals of Kansas · 1979
  2. Clark v. VaughanSupreme Court of Kansas · 1930
  3. Mendenhall v. School District No. 83Supreme Court of Kansas · 1907
  4. Gano v. CunninghamSupreme Court of Kansas · 1912
  5. Grantham v. Hanenkratt Lead & Zinc Co.Supreme Court of Kansas · 1930

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