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Property Keyed to Merrill
Jaber v. Miller
Citation:
239 S.W.2d 760Facts
In 1945, Jaber rented the building from its owner for a five-year term beginning March 1, 1946, and ending March 1, 1951. The lease reserved monthly rent of $200 and provided that the lease would terminate if the premises were destroyed by fire. Jaber conducted a rug shop in the building until 1949, when he sold his stock of merchandise at public auction and transferred the lease to Norber & Son. Later on the plaintiff, Miller, obtained a transfer of the lease from Norber & Son. Miller, being unable to pay &700 notes as they came due, arranged with Jaber to divide the payments into monthly installments of $175 each. When the premises burned Miller contended that Jaber’s transfer to Norber & Son had been a sublease rather than an assignment and that the notes therefore represented rent. Miller now argues that, under the rule that a sublease terminates when the primary lease terminates, his sublease ended when the fire had the effect of terminating the original lease.
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