Legal Opinion

Darmstaetter v. Hoffman

Michigan Supreme Court

Decided April 25, 1899PublishedCited by 10 opinions

Error to Wayne; Frazer, J. Assumpsit by Rudolph Darmstaetter and others against Charles Hoffman for rent. From a judgment for plaintiffs, defendant brings error. Hubbard & King leased to plaintiffs certain premises, to be used and occupied as a billiard hall and saloon. On December 5, 1896, this lease was assigned by plaintiffs to one Charles Kudner, and by Kudner, on December 30, 1896, assigned to defendant.

Read the full summary

Error to Wayne; Frazer, J. Assumpsit by Rudolph Darmstaetter and others against Charles Hoffman for rent. From a judgment for plaintiffs, defendant brings error. Hubbard & King leased to plaintiffs certain premises, to be used and occupied as a billiard hall and saloon. On December 5, 1896, this lease was assigned by plaintiffs to one Charles Kudner, and by Kudner, on December 30, 1896, assigned to defendant. One Alexander White was the owner of the pool tables and other personal property situated in this saloon, and on March 21, 1896, executed to plaintiffs a bill of sale, which was in fact…

1Opinion of the CourtGrant, C. J.

(after stating the facts). Is defendant liable for the rent? It is the rule that the assignment of a lease, and its acceptance by the assignee, carries with it the obligation to pay the rent. The covenant to pay rent runs with the land. When the assignment .is absolute and for the entire term, or for a part of the premises for the entire term, the assignee succeeds to all the rights and *50liabilities of the original lessee. Lee v. Payne, 4 Mich. 106; Fennell v. Guffey, 155 Pa. St. 38; Le Gierse v. Green, 61 Tex. 128; Tayl. Landl. & Ten. §§ 16, 448, 450; 1 Wood, Landl. & Ten. § 337.

Defendant…

2Cases cited2 opinions

  1. Lee v. PayneMichigan Supreme Court · 1856
  2. Le Gierse & Co. v. GreenTexas Supreme Court · 1884

3Cited by10 opinions

  1. Bauer v. WhiteMissouri Court of Appeals · 1930
  2. Batley v. DewaltWashington Supreme Court · 1909
  3. Plaza Investment Co. v. AbelMichigan Court of Appeals · 1993
  4. Buhl Land Co. v. Franklin Co.Michigan Supreme Court · 1932
  5. Bethel v. MatthewsWashington Supreme Court · 1936

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API