Sunday, April 28, 2013

Jaber v. Miller case brief

Jaber v. Miller case brief summary
239 S.W.2d 760

CASE SYNOPSIS: Plaintiff appealed the judgment of the Sebastian Chancery Court, Ft. Smith District (Arkansas) denying plaintiff's petition to cancel 14 promissory notes.

FACTS: Defendant business owner rented a building, and later transferred the lease to another party. That party later transferred the building to plaintiff by a document titling the transfer an assignment. After the building was destroyed by fire, plaintiff sought to cancel monthly installment notes for the use of the building. The court required repayment, finding that the instrument transferring the building to plaintiff was a sublease and the notes represented rent.

On appeal, the court reversed holding that there was no doubt that the parties intended an assignment and not a sublease, as evidenced by the document's title.

All its language was that of an assignment rather than a sublease. The consideration was stated to be in payment for the lease and not in satisfaction of a tenant's debt to his landlord. The deferred payments were evidenced by promissory notes, which were not ordinarily given by one making a lease.

CONCLUSION: The court reversed, holding that the document transferring an interest in a building to plaintiff was an assignment.

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