120 Ky. 157 | Ky. Ct. App. | 1905
Opinion by
Affirming.
By lease dated July .1, 1901, appellants rented to-C. J. Rosenham & Co., for use as retail drug store, that part of the Masonic Temple building, on the ground floor, which is at the northeast corner of the building, fronting on Jefferson street 20 feet and 6 inches. In the lease the parties attempted to. give the metes and bounds of the room leased. The lease extended from July 1,1901, to January 1,1905, at an- annual rental of $4,500, payable in monthly installments. On May 13, 1903, Rosenham & Co. assigned the benefit of their lease to the appellee for a consideration of $8,000 for the good will of the establishment, and $10,600 for the stock of drugs then in the store. Appellants consented to this transfer, and on the same day made an extended lease with the appellee for the same premises; carrying the term from January 1, 1905, to January 1,1910, at an annual rental of $5,500, payable in monthly installments. The appellee took possession of the store in May, 1903, after putting improvements thereon costing $12,000, and opened the store to the public about the middle of July, 1903. The Masonic Temple building, in which this drug store was located, consisted of a large four-story building, fronting 75 feet on Jefferson street, and extending back 210 feet to Green street. Besides the Fowler
On December' 26, 1903, the appellee brought this suit, alleging that there was a mistake in the description of the store rented, in that the third call had been omitted, and that appellants were contending that appellee’s lease had been terminated by the fire, and that they were about to compel or force the appellee to remove from the premises, without recognizing the provisions of the lease. It asks that the error in the description be corrected; that appellants be enjoined and restrained from remodeling the Masonic Temple building in a manner that would require the appellee to remove from the leased premises, unless they would recognize appellee’s right to re-enter under the terms of the lease; that the cloud upon appellee’s title to the leased premises caused by the alleged wrongful and illegal statements and declarations of appellants be removed; and, that the lease be adjudged to be in force. The answer consists, first, of a traverse of the material allegations of the petition, and of a second paragraph which pleads, in substance, that appellee took no interest in the land underlying the storeroom rented to it, and that the Masonic Temple building was completely destroyed by fire, which resulted in the dissolution ancl revocation of the lease,
We are of the opinion that the appellee is entitled to hold under its lease, unless the appellants choose to exercise their right by requiring it to remove under the twelfth clause thereof, and to have a correction
We have been aided to a great extent in the preparation of this opinion by the able opinion of the lower court.
Judgment affirmed.