Miller v. Tutt

CLAY, Commissioner.

This is a suit in ejectment brought by appellees to oust appellants from the Hurst Hotel building in Hazard. The special judge who tried the case in the lower court entered a judgment requiring appellants to surrender possession of the premises. A motion to dismiss the appeal has been made, but we have considered it on the merits.

In 1944 appellees leased the Hurst Hotel to one James Anderson for a period of 10 years. The lease provided the lessee should not .sublet the premises without the written consent- of the lessors. Violating this covenant, in 1946 the lessee sublet a…