Abernathy v. Adous
Arkansas Court of Appeals
85 Ark. App. 242 (2004)
Whether a transferred leasehold interest is an assignment or a sublease depends on the intent of the parties, not the form of the transfer or the extent of the lease term transferred.
Relevant Facts
Abernathy (defendant) leased a property to GPI, which later executed a “Sublease Agreement” with Quaran, assumed by Abdulazize Adous (plaintiff). Abernathy terminated the lease upon GPI's insolvency and demanded property surrender. Adous, current on rent, sued for specific performance.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
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Procedural History
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Citations
85 Ark. App. 242 (2004)