Ernst v. Conditt
Tennessee Court of Appeal
390 S.W.2d 703 (1964)
The Ernsts (plaintiffs) leased land to Rogers, who built a Go-Cart business there; Conditt (defendant) later bought that business, and the Ernsts and Rogers executed a document extending the lease and permitting Rogers to "sublet" to Conditt on the condition that Rogers remain liable if Conditt defaulted. Conditt then operated the business but failed to pay most of the rent, claiming he owed the Ernsts nothing directly. When the Ernsts sought back rent and removal of improvements from Conditt directly, the trial court found the transfer from Rogers to Conditt was actually an assignment (not a true sublease), making Conditt directly liable; Conditt appealed.
Whether a third party is directly responsible to a lessor for lease obligations when the original lessee conveys to that third party all of his interest under the lease.