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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

923 chars
In such instance, appellant’s claim that such qualification should be imposed upon a tenant’s right of as-' •signment as a. matter of law, for the purpose of giving •effect to what must needs have been in such case the intention .of the parties, and also to prevent the lease from becoming unfairly “one-sided” or lacking in mutuality, might very justly merit our serious consideration. Clause 16 of the lease, without its further provision for the pledging of securities for its performance, would render the responsibility of the lessee or his subsequent assignee a matter of important concern to lessor, as otherwise the lessee might, under the provisions •of clause 16, secure a long-term lease, which, while binding upon lessor, would only bind lessee for such period •as he found operating under it profitable, when he might, through assignment, step from under its obligations when found no longer to his liking. ’’’