Jaber v. Miller
Supreme Court of Arkansas
239 S.W.2d 760 (1951)
Relevant factsFree
Jaber (defendant) held a lease set to end March 1, 1951. In 1949 he transferred it to Norber & Son under a document titled "Contract and Assignment," with Norber & Son paying $700 plus five promissory notes to Jaber. Norber & Son then transferred the lease to Miller (plaintiff). Before the lease ended, the building burned down. Miller refused to pay the notes, arguing the original transfer was really a sublease, so the notes were rent that stopped when the building burned. The trial court agreed with Miller, and Jaber sought review.
IssueFree
Whether a court may look to the parties' intent to decide if a lease transfer is a sublease or an assignment.