Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Alexander v. Theatre Realty Corporation, 70 S.W.2d 380 (1934)

Citation
Alexander v. Theatre Realty Corporation, 70 S.W.2d 380 (1934)
Parent Document
Alexander v. Theatre Realty Corporation, 70 S.W.2d 380 (1934)
Jurisdiction
Kentucky (state)
Effective Date
1934-03-23

Other Sections in This Document (72)

Full Text

823 chars
This appeal involves the decision of but one question, which, is, as stated in the opinion of the learned chancellor, whether or not the appellee Theatre Realty Corporation, the lessee and tenant in a lease for 99 years, has been released from its covenants by an assignment of the leasehold — without the present consent of the landlord — to a person known to be insolvent when the assignment was made. It is admitted that an assignment without the landlord’s assent will not release the tenant from hip covenants, unless it is expressly authorized by the lease, and the narrow question is whether the provision found in this lease for the exoneration of the tenant by assignment is brought into operation by its assignment to one at the time known to be insolvent and incapable of carrying out its covenants assumed. *675