For Your Data A.D. Juilliard & Co. V. American Woolen Co. Instance Brief

A.D. Juilliard & Co. v. American Woolen Co. case brief summary
32 A.2d 800 (1943)

CASE SYNOPSIS

Plaintiff successor to the lessor of belongings sought review of a determination of the trial courtroom (Rhode Island), which establish inward favor of accused sublessee inward the successor's activity to recover rent as well as taxes due on the property.

CASE FACTS
Defendant was i of numerous sublessees of the property. In 1934, it received the assignment of the lease from a previous sublessee, as well as inward 1939, it assigned the lease to a successor sublessee. The lessor's successor inward involvement brought an activity against the sublessee to recover installments of rent as well as taxes inward the full amount of $ 2935.83, allegedly due nether a lease for the menses betwixt September 1940 as well as March 1941. The trial courtroom ruled inward favor of the sublessee.

DISCUSSION

On appeal, the courtroom affirmed.
The courtroom held that:
(1) the sublessee never agreed to assume the obligation to pay rent for the unexpired term of the lease;
(2) if a lessor chose to execute a lease without adequately protecting its rights, it could non thereafter complain if, past times forcefulness of law, it was deprived of a produce goodness that it powerfulness otherwise accept secured for itself;
(3) the sublessee did non "indirectly" concur to pay rent past times its course of written report of dealing alongside the lessor; and
(4) the sublessee's assignment of the lease to the successor sublessee was inward expert faith, as well as the sublessee did non retain whatever command over the leased premises later the assignment.

CONCLUSION
The courtroom affirmed the determination of the trial court, which held that the sublessee was non liable for rent that accrued later it had assigned the lease to a novel party.

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