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    Property Keyed to Rabin

    Martinique Realty Corp. v. Hull

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    • Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:

      The Martinique Corporation (Martinique) owned an apartment building and leased a unit to Hull (Defendant) in August 1957. The lease was for five years at $130 per month, which, including the security deposit, totaled $8,450 for the entire lease term. Defendant paid the entire amount that month. In October, Defendant agreed to exchange his apartment for a larger one, which cost $150 per month. The increase would be paid in annual installments of $240. A new lease was executed, reciting the total of $9,000 payable in installments of $150 per month, thus ignoring the prepayment. Instead, Defendantwas given a letter from Martinique acknowledging the prepayment and the $240 payment arrangement. Defendant took possession in November. In December, Martinique sold the building to Cambrian Estates and leased it back from Cambrian. Martinique then sold its lease to Martinique Realty Corp. (Plaintiff), a separate entity. The Cambrian-Martinique leaseback agreement stated that Martinique could not accept prepayment of rent of more than one month from any sublessee. Defendant refused to pay the monthly rent because of his prepayment, and Plaintiff sued to collect unpaid rent. The trial court granted Defendant’s summary judgment motion on the ground that Plaintiff was chargeable with notice of Defendant’s rights and subject to the defense of payment. Plaintiff appealed.

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    Martinique Realty Corp. v. Hull