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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

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“Some apparent inconsistency will be found in the cases and books with reference to this matter, and the statement is made occasionally that the liability for rent arising solely out of privity of estate may be terminated, even by the lessee, by an assignment to an irresponsible person, without the landlord’s consent. Taylor, ‘Landlord and Tenant, ’ sec. 371. It is admitted that this may be done by an assignee from the lessee, since there has never been any privity of contract between him and the lessor. Meyer Bros.’ Assignee v. Gaertner, 106 Ky. 481, 50 S. W. 971, 21 Ky. Law Rep. 52, 45 L. R. A. 513. But as between lessor and lessee there is privity of contract, even, though there be no express covenant to pay rent, and it is this that differentiates the rights of a lessee from those of an assignee, allowing the latter, but not the former, to throw off his liability for future rent by assignment to whom he pleases, without the acquiescence of the landlord. Tiffany, ‘The Modern Law of Real Property,’ sec., 46; annotation to Kanawha-Gauley Coal *683