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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Venters v. Reynolds, 354 S.W.2d 521 (1961)

Citation
Venters v. Reynolds, 354 S.W.2d 521 (1961)
Parent Document
Venters v. Reynolds, 354 S.W.2d 521 (1961)
Jurisdiction
Kentucky (state)
Effective Date
1961-06-02

Full Text

788 chars
The subleasing of a portion of the -lot without the consent of the lessor constituted a ground of forfeiture at the option of the lessor. The acceptance of rent from the lessees with knowledge that the sublease covenant had been violated, as the lessor here must have known, was, in effect, a waiver of her right to insist on a forfeiture or cancellation of the lease. Sale v. Smith & Nixon Co., 147 Ky. 146, 143 S.W. 737; Miller v. Tutt, Ky., 264 S.W.2d 649. Cf. Miller Dairy Products Co. v. Puryear, Ky., 310 S.W.2d 518, wherein lessor was held not to have waived the right to declare a forfeiture by previous acceptances of late rental payments. See also Citizens Fidelity Bank & Trust Co. v. Norfleet, Ky., 252 S.W.2d 54, in which the Cities Service Oil Company decision was approved.