Property Law Keyed to Dukeminier
Ernst v. Conditt
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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.
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