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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

901 chars
This court has thus stated that it is neither fraudulent nor wrong for an. assignee to terminate privity of estate and thereby relieve himself of further liability by making a complete assignment of the leasehold. If such is the rule as to an assignee terminating privity of estate by assignment, why was the lessee here not entitled to likewise by assignment terminate its privity of estate with the lessor, and also, through making the assignment in the manner and form provided by the clause in question, to further terminate its privity of contract with lessor thereby, as being but the exercise of a right given him, under the conditions named in the clause, to release itself from all further personal or contract liability under the lease? We are of the opinion it could hardly be regarded as a fraud for the appellee to do a thing authorized by the lease for a purpose authorized by the lease.