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Property Keyed to Sprankling
Ernst v. Conditt
Citation:
390 S.W.2d 703 (Tenn. Ct. App. 1965)Facts
Plaintiffs B. Walter Ernst and wife, Emily Ernst leased a tract of land to Frank D. Rogers for a term of one year and 7 days. Rogers operated a business there for a short time, then sought to sell the business to Defendant A. J. Conditt. Plaintiffs consented to Rogers and Defendant’s request to amend the lease for Rogers to “sublet” the premise to Defendant. The amended lease provided that Rogers “will remain personally liable for the faithful performance of all the terms and conditions of the original lease and this amendment.” Defendant took over Rogers’ business and paid rent directly to Plaintiffs for three months, then ceased paying rent altogether. After Defendant failed to respond to Plaintiffs’ demand for a settlement of past due rent, Plaintiffs filed a suit in court, seeking a recovery of the due balance. The trial court entered judgment for Plaintiffs. Defendant appealed, insisting that the trial court had erred in holding the instrument of transfer to be an assignment rather than a sublease to Defendant.
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