Batson v. Clark, 980 S.W.2d 566 (1998)

Citation: Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document: Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction: Kentucky (state)
Effective Date: 1998-10-16
Original Source: https://www.courtlistener.com/opinion/1619700/batson-v-clark/ ↗

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The original ten-year lease in this case was executed by John Wright, the property owner, and Bill Miller, appellee Gilbreth’s original partner. Gilbreth testified that he began making rent payments shortly after the lease was executed. John Wright died soon thereafter and, not having been instructed to do otherwise, Gilbreth made all required rent payments to Margaret, Wright’s wife and personal representative. Gilbreth and Miller then dissolved their partnership, and Gilbreth, Clark, and Wilcox formed a partnership under the name of Downtown Carpets. Gilbreth and Miller entered into an agreement whereby Gilbreth subleased the property from Miller. The sublease agreement included the parties’ acknowledgment that it was subject to Margaret’s written consent. Appellees admitted they did not obtain Margaret’s written consent, but testified that she was fully aware of Miller’s having left the partnership and Gilbreth’s having “taken over the lease.” She accepted appellees’ rent payments for six (6) years prior to her death. Batson testified that Margaret, nonetheless, considered appellees to have a month-to-month lease.

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