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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

485 chars
“In the absence of a surrender of the old lease and an acceptance of the assignee as tenant in place of the original lessee, the express covenant of a lessee to pay rent is not terminated by his assignment of the lease, even though the lessor has assented to the assignment and collected rent from the assignee. An implied covenant to pay rent based only on privity of estate, however, is destroyed by an assignment of the lessee’s estate.” 52 C.J.S. Landlord and Tenant § 528, p. 326.