A.D. JUILLIARD & CO. V. AMERICAN WOOLEN CO., 32 A.2d 800 (1943) CASE BRIEF

A.D. JUILLIARD & CO. V. AMERICAN WOOLEN CO.
32 A.2d 800 (1943)
NATURE OF THE CASE: This was an action in assumpsit to recover installments of rent and taxes. Juilliard (P) successor to the lessor of property sought review of a decision, which found in favor of American (D) sublessee in the successor's action to recover rent and taxes due on the property.
FACTS: A lease was entered into on May 12, 1893 between Atlantic Mills, the landlord, and Riverside Worsted Mills for the term ending September 1, 1955. There were no restrictions against assignment nor does it provide that the assignee should assume and be bound by the total unexpired term. The lessee assigned the lease to American Woolen, a New Jersey Corporation, in 1899 who in turn assigned to American Woolen, Co., a Massachusetts corporation in 1916. Four assignments of the lease were made between 1916 and 1941. P sued D to recover installment payments and rent of $2935.83 due from September 1940 until March 1941. The trial court gave the decision to D and P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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