USA Petroleum Corp. v. Jopat Bldg. Corp.

This is an appeal by subtenant from a judgment ordering it to vacate the property and awarding landlord possession, $14,000 in rental, and title to permanent improvements. We affirm.

In 1973, Daylin, Inc., the lessee of property owned by landlord ("Jopat"), operated thereon a discount store under the name "Miller's." In 1974, Daylin sublet a portion of the property to subtenant ("USA"). (The lease neither forbade a sublease nor required the lessor's approval.) The sublease contained a provision notifying USA that Daylin was not the owner of the leasehold premises, but was a lessee. USA…