Marathon Oil Co. v. Rone, 13151.
Citation | 83 S.W.2d 1028 |
Decision Date | 26 April 1935 |
Docket Number | No. 13151.,13151. |
Parties | MARATHON OIL CO. et al. v. RONE et al. |
Court | Court of Appeals of Texas |
Appeal from District Court, Tarrant County; Frank P. Culver, Jr., Judge.
Suit by A. W. Rone and others against the Marathon Oil Company and another. From a judgment in favor of plaintiffs, named defendant appeals.
Affirmed.
R. C. Gwilliam, of Tulsa, Okl., and Hiner & Pannill and Thompson & Barwise, all of Fort Worth, for appellant.
Arthur Lee Moore, of Fort Worth, for appellees.
A. W. Rone leased a filling station to the Three D's Products Distributors in May, 1930, for two years. During the existence of this lease the Three D's gave appellant an option on all its properties, including this lease, such option to expire December 1, 1930. Believing this option would be exercised, the Three D's executed an assignment of this lease to appellant. The option was extended to December 6, 1930, and one of the specifications required by appellant was that this lease be extended five years. Three D's procured this extension to itself at an advanced rental for the extension period, informing Rone of the prospective sale and reasons for the needed extension. It was attached to the assignment and delivered to appellant in the consummation of the purchase by appellant of the Three D's properties and the Three D's paid appellant the difference between the two-year rental rate and that for the five years' extension.
Appellant paid the rent monthly to the expiration of the two years' lease and then vacated the premises.
This suit is against appellant and the Three D's for the amount of rentals for the five years less payments received by Rone from other tenants during that period.
Three D's answered that it was the mutual intention of appellant and Three D's that the assignment to appellant cover the five years' extension, and that same was not included in the written lease by mutual mistake, and alleged and proved excuse therefor deemed sufficient by the trial court, and prayed inter alia for reformation of the assignment to include the five years' extension.
The assignment does not in such words state that appellant assumed the lease of Three D's, and appellant contends that it was under no obligation to Rone except during such time as it actually occupied the premises, and that when it delivered to Rone its acknowledgment that it no longer claimed any right of tenancy, and vacated, it was under no further liability by the lease being in privity to Rone to that time in estate only and not in contract.
While by the decisions of the various states there is difference of holding, McLean v. Caldwell, 107 Tenn. 138, 64 S. W. 16; Cohen v. Todd, 130 Minn. 227, 153 N. W. 531, L. R. A. 1915E, 846; Kanawha-Gauley Coal & Coke Co. v. Sharp, 73 W. Va. 427, 80 S. E. 781, 52 L. R. A. (N. S.) 968, Ann. Cas. 1916E, 786, we believe that the rule in Texas is that where the transfer of possession is an assignment of the whole estate of the tenant, the transferee, prima facie, is liable for the rental for the entire period of the lease. It is so stated in Davis v. Vidal, 105 Tex. 444, 151 S. W. 290, 293, 42 L. R. A. (N. S.) 1084, as follows:
Applying that test, our Supreme Court held the transfer there litigated to a subletting only.
Speed v. Jay (Tex. Civ. App.) 267 S. W. 1033, 1035 (Amarillo) is directly in point on the facts. Gilliland, an intermediate tenant, was held liable for rent after he had vacated and assigned his lease.
In Johnson v. Neeley (Tex. Civ. App.) 36 S.W.(2d) 799, 801 (Waco), Johnson was an intermediate tenant. Holding him liable for rents after he surrendered possession, the court said:
In Leonard v. Burton (Tex. Civ. App.) 11 S.W.(2d) 668, 670 (El Paso), Leonard was an assignee tenant who had surrendered possession. The court there said: ...
To continue reading
Request your trial-
MRP Props. Co. v. United States
...582 S.W.3d 277 (Tex. 2019). See generally TEX. PROP. CODE ANN . § 92 et seq. (same under Texas property law); Marathon Oil Co. v. Rone , 83 S.W.2d 1028 (Tex. Civ. App. 1935) (same during WWII).So, the operative question is: Did the Government possess legal title to any property at Eastern o......
-
MRP Props. Co. v. United States
......Prop. Code Ann. § 92 et. seq. (same under Texas property law); Marathon Oil. Co. v. Rone , 83 S.W.2d 1028 (Tex. Civ. App. 1935) (same. during WWII). . ......
-
Farmers and Bankers Life Ins. Co. v. St. Regis Paper Co., 71-2038.
...v. Phillips Petroleum Company, 315 S.W.2d 561 (Tex.Civ.App.—Austin 1958, writ ref'd n.r.e.); Marathon Oil Company v. Rone, 83 S.W.2d 1028 (Tex.Civ.App.—Ft. Worth 1935, writ ref'd); Leonard v. Kendall, 190 S.W. 786 (Tex.Civ.App.—Dallas 1916, writ ref'd). F & B argues, however, that Warehouse......
-
Blakeway v. General Elec. Credit Corp., 11613
...did not terminate the rent contract and did not release appellees from the payment of the notes in controversy. Marathon Oil Co. v. Rone, Tex.Civ.App., 83 S.W.2d 1028.' The facts here amply support the finding of the trial court that the lease was Appellants' points four through seven, brie......