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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kintner v. Harr, 408 P.2d 487 (1965)

Citation
Kintner v. Harr, 408 P.2d 487 (1965)
Parent Document
Kintner v. Harr, 408 P.2d 487 (1965)
Jurisdiction
Montana (state)
Effective Date
1965-12-08

Other Sections in This Document (95)

Full Text

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“A restriction against assignment or subletting may be waived expressly or by implication flowing from the act, acts, or conduct of the lessor in recognition of the validity of an assignment or subletting, with knowledge thereof, as where, with knowledge of the facts, he permits an assignee or subtenant to remain in possession, and accepts subsequently accruing rents from him, but the acceptance of rent must be with knowledge of the breach.” 51 C.J.S. Landlord and Tenant § 34, p. 547. Consequently, Harr cannot use such an express provision in an attempt to say there has been no valid assignment made.