Heath v. Wren
Heath v. Wren
Opinion of the Court
This appeal reaches us as an offshoot of primary litigation instituted by ap-pellees as the owners and lessors of certain motion picture theater property located in Oklahoma City against a lessee, Cooper Foundation, and its assignee, M. J. W. Theatrical Enterprises, Inc. By judgment entered May 26, 1966, in the main case, the trial court held that Cooper Foundation had assigned its lease rights in good faith and thus was relieved of any further obligation to ap-pellees by the terms of its lease; that M. J. W. Theatrical Engineering had taken such assignment in bad faith without intent to comply with its obligations and had immediately and completely defaulted; and the court rendered judgment accordingly ordering, among other things, the restoration of possession and control of the premises to appellees.
During pendency of the main case M. J. W. Theatrical Engineering assigned and sold all its rights to others including sale of the personal property contained within the theater to one Dwain Esper. Esper, active in the affairs of M. J. W. but whose exact legal relationship to the company is vague, sold his interests in the personal properties to appellant after judgment in the main case. Appellant then sought and was granted leave to intervene in the case
Although the strain of bad faith and unorthodox conduct that permeates this case
Affirmed.
. The property was then in receivership and the rights of an earlier intervenor, Prudential Insurance Company, had not been determined.
. The building itself had been built by the original lessee. The lease contained no provision that the lessee could remove any property at the termination of the lease but did provide that:
“All buildings on said premises at the expiration of this lease, on the 31st day of May, 2018, shall be and belong to tlie Lessor, without compensation therefor beyond the use of such premises under this lease for said term of ninety-nine (99) years.”
. Esper testified that his intent in participating in the obtaining of the M. J. W. lease was solely for purpose of “getting his money back” for an earlier loss incurred with the company. Appellant testified that he knew “he was buying a lawsuit” with the hope of making some money.
Reference
- Full Case Name
- Fred K. HEATH v. Alice Virginia Bennett WREN, John Mason Beard and Roy C. Lytle, Co-Executors of the Estate of Mary Bennett Sadler, Celia Katz, and Shirley Moore Jones, and Cooper Foundation, a corporation, M. J. W, Inc., a corporation, and Ethel Schonwald, and the Prudential Insurance Company of America
- Cited By
- 1 case
- Status
- Published