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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Robert L. Lennon v. United States Theatre Corporation, 920 F.2d 996 (1990)

Citation
Robert L. Lennon v. United States Theatre Corporation, 920 F.2d 996 (1990)
Parent Document
Robert L. Lennon v. United States Theatre Corporation, 920 F.2d 996 (1990)
Effective Date
1990-12-07

Other Sections in This Document (59)

Full Text

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The tenant argues that § 17, especially the emphasized language, obliterates § 23: First, termination under § 17 ends the lease itself, including § 23; second, even if § 23 in principle survives, the “unexpired term” to which it refers necessarily ends when § 17’s five-day notice takes effect. The tenant regards the relation between the two sections as a textual ambiguity, to be resolved against the lessor as presumed drafter of the lease. (In fact, the lease is a form, fresh from a legal stationer’s, but in all probability it was selected by the lessor’s lawyer, and along with the parties we assume that the lessor should be treated as drafter.)