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
Original Source: https://www.courtlistener.com/opinion/1421283/kintner-v-harr/ ↗

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“The obligations and liabilities of the lessee to the lessor, arising from express covenants in the lease are not affected by the lessee’s assignment of the lease to a third person, in the absence of an express or implied agreement on the part of the lessor to that effect, or in the absence of an action on his part which amounts to a waiver of his right to insist upon compliance with the covenants, or which estops him from relying thereupon, and this is true even though the assignment is with the consent of the lessor. In other words, the lessor-, notwithstanding an assignment of the lease by the lessee, and in the absence of further contract between themselves, retains his right to enforce against the lessee all the personal covenants contained in the lease, wholly unmodified and unaffected by the fact of the assignment.”

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