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Ernst v. Conditt

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Dukeminier

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Bloomberg Law

Citation. 54 Tenn. App. 328, 390 S.W.2d 703, 1964 Tenn. App.

Brief Fact Summary. The Complainants, Mr. and Mrs. Ernst (Complaintants), approved a modification to a lease that allowed the Defendant, Conditt (Defendant), to sublease the premises and left the lessee personally liable. Defendant ceased paying rent and Complainants sued to determine whether the instrument was a sublease or assignment.

Synopsis of Rule of Law. The words used in an instrument are not conclusive, rather it is the intentions of the parties that govern whether the instrument is a sublease or assignment.

Facts. The Complainants leased a tract of land to Rogers for one year and seven days. Rogers proceeded to construct a racetrack, fence and undertake other improvements to the land. The lease contained provisions prohibiting subletting, assignment and a duty to clear any construction or improvements at the end of the lease. Rogers sold the business to the Defendant and a new lease was created with an accepted sublease agreement to Defendant. Defendant ceased paying rent and the Complainants brought suit to recover past rent. Defendant argued that Rogers remained personally responsible for the rent. The lower court found for the Complainant and the Defendant appealed.

Issue. Whether the lease and modifications to the lease created a sublease or assignment.
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