In re Lindy-Friedman Clothing Co., Inc.
| Decision Date | 12 December 1922 |
| Docket Number | 3905. |
| Citation | 285 F. 22 |
| Parties | In re LINDY-FRIEDMAN CLOTHING CO., Inc. v. TYSON et al. COXE |
| Court | U.S. Court of Appeals — Fifth Circuit |
C. D Ritter, William Bew White, and John S. Coleman, all of Birmingham, Ala. (Ritter, Wynn & Carmichael, Tillman, Bradley & Baldwin, and John S. Coleman, all of Birmingham, Ala., on the brief), for appellant.
B. P Crum, of Montgomery, Ala., and E. H. Cabaniss, of Birmingham Ala. (Cabaniss, Johnston, Cocke & Cabaniss, all of Birmingham, Ala., on the brief), for appellees.
Before WALKER, BRYAN, and KING, Circuit Judges.
By an instrument, in part printed and in part typewritten, dated June 21, 1919, the appellees leased to Samuel Friedman and Sol Lindy for a term of seven years a store building in Birmingham, Ala. The printed part of that instrument contained the following:
'The lessee agrees * * * not to assign this lease, nor underlease or let said premises, or any part or interest therein, without the written consent of the lessor, hereon indorsed.'
The typewritten part thereof contained the following provisions:
'If an execution or other process be levied upon the interest of the lessee in this lease, or if a petition in bankruptcy be filed by or against the lessee in any court of competent jurisdiction, the lessor shall have the right, at his option, to re-enter said premises and annul this lease. * * * It is contemplated by the lessees herein to organize a corporation with not less than $20,000 paid-up capital, and it is agreed that when said corporation is organized the lessees shall have the right to transfer, assign this lease and sublet the property described to such corporation. The form to be used in the transfer and subletting shall be the same as the form hereto attached marked 'Exhibit A."
The form referred to as 'Exhibit A' was a blank form of transfer of a lease contract, to be signed by the lessee, the assignee, and the lessor, and contained stipulations to the effect that the assignee agrees to pay the rent due or to become due under the terms of the assigned lease and further assumes all other obligations of the original lease to the original lessor. Shortly after the date of the lease Lindy and Friedman, the lessees named therein, caused to be organized a corporation under the name Lindy-Friedman Clothing Company, and there was paid in for the capital stock of such corporation $20,000 in cash. That corporation commenced business in the leased building in September, 1919 and continued business therein up to the date of its bankruptcy, which was adjudged on a voluntary petition filed by it on June 11, 1920. No written instrument of transfer and assignment was executed or delivered by said Lindy and Friedman to the bankrupt prior to bankruptcy. In...
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Schokbeton Industries, Inc. v. Schokbeton Products Corp., 71-2629 Summary Calendar.
...v. United States, 10 Cir., 1964, 329 F.2d 735, 737; Urban Properties Corp. v. Benson, 9 Cir., 1940, 116 F.2d 321; In re Lindy-Friedman Clothing Co., 5 Cir., 1922, 285 F. 22; Empress Theatre Co. v. Horton, 8 Cir., 1920, 266 F. 657; Greif Bros. Cooperage Co. v. Mullinix, 8 Cir., 1920, 264 F. ......
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...as fully bound in every respect. No such factual situation exists here, and that case is manifestly not in point. In Re Lindy-Friedman Clothing Co., Inc., 5 Cir., 285 F. 22, the facts are similar to those in the Lindy-Friedman Company case, above mentioned, and is in the same category, as i......
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In re Clerc Chemical Corporation
...itself to a court of equity." The cases cited by the appellant are not in conflict with those above referred to. In re Lindy-Friedman Clothing Co., Inc., 5 Cir., 285 F. 22, 23, which affirmed D.C. Ala., 275 F. 453, had to do with a lease which had been assigned by the lessee to a corporatio......
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IN RE CLERC CHEMICAL CORPORATION
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