Martinique Realty Corp. v. Hull

Martinique Corporation leased an apartment unit to Hull for five years at $130 per month, which Hull prepaid in full; after Hull later exchanged for a larger unit at $150 per month, a new lease recited a total payable in monthly installments, but Martinique separately gave Hull a letter acknowledging his earlier prepayment and a different installment arrangement for the increase. After Hull took possession, Martinique sold the building to Cambrian Estates and leased it back, then sold that leasehold interest to Martinique Realty Corp. (plaintiff), a separate entity; the Cambrian-Martinique leaseback agreement barred accepting more than one month's rent prepayment from any sublessee. When Hull refused to pay monthly rent based on his earlier prepayment, Realty sued to collect, and the trial court granted Hull summary judgment on the ground Realty was chargeable with notice of his rights and subject to his payment defense; Realty appealed.