[Download] "Caples v. Dearborn Stove Co." by Supreme Court of Texas No. 14222 # Book PDF Kindle ePub Free
eBook details
- Title: Caples v. Dearborn Stove Co.
- Author : Supreme Court of Texas No. 14222
- Release Date : January 12, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
BOND, Chief Justice. On August 1, 1946 appellant W. J. Caples was the owner of a dwelling, with guest house in the rear, in the City of Dallas, and by written contract of that date leased the dwelling with house furnishings to one James Teague for a term of one year beginning August 1, 1946 and ending July 31, 1947 for a recited consideration of $1,200 cash paid. The contract, material here, provides that the lessee shall not assign the agreement or sublet the premises, or any part thereof, without the consent of the lessor in writing. At the beginning of the term, James Teague moved into the dwelling and occupied it three months, -- until November 1, 1946, when he voluntarily and without notice to the lessor vacated the premises. On August 6, 1946 the lessee, while occupying the premises, by written endorsement on his duplicate copy of aforesaid lease contract, assigned the lease to appellee Dearborn Stove Company; and, on August 10, 1946, a Mr. Norris, Controller for the Dearborn Company, advised the lessor by letter that the Company had taken over the lease and desired to dispose of it ""to parties acceptable"" to lessor, or to ""reassign"" the lease to lessor on refund of the unearned portion of the advance rentals paid by Teague. On August 14, 1946, the lessor, by letter, acknowledged receipt of Dearborn's letter and in reply declined to accept the assignment or to permit any other tenant or agent of the Company to occupy the premises without his written consent as provided in the lease agreement; and directed the Company not to enter upon the premises. Whereupon, on November 1, the appellant (lessor) reoccupied and used the property for the remainder of the term.