Overman & Baxter v. Geo. P. Sanborn & Co.
Overman & Baxter v. Geo. P. Sanborn & Co.
Opinion of the Court
Smith & Richards were the lessees of a store, under a verbal lease from Sherman at a given rent; and after Smith & Richards had occupied a part of the year, they sold out to G-. P. Sanborn & Co. their stock in trade and the residue of their term, and by the agreement between them, Sanborn & Co. were to pay the accruing rent to the landlord, Slierman. The trustees in effect stepped into the shoes of Smith & Richards, and became the assignees of the term. No particular form of words are necessary to create an assignment of a term. The lease in this case was by parol, and the assignment might well he by parol.
The assignee of a term, so long as he occupies becomes directly liable to the landlord for rent, and this from privity of estate.
The trustees were properly discharged, and the judgment of the county court is affirmed.
Reference
- Full Case Name
- Overman & Baxter v. Geo. P. Sanborn & Co., Trustees of Smith & Richards
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- The assignee of a lease wbo agrees, with the lessee to pay to the lessor the rent for the remaining portion of the term which the lessee is bound to pay, will not be liable as the trustee of the lessee for the rent which becomes due from him, under this arrangement.