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Posted: August 17th, 2023
Burgertown Franchise Corporation v. Earnest Investments, Inc. Andy leases to Burgertown Franchise Corporation a 10,000 square-foot commercial building under a written lease with a twenty-year term, rent payable anÂnually. The lease includes a clause stating that Burgertown is reÂsponsiÂble for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Andyâs control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Burgertown, without Andyâs knowledge or consent, asÂsigns its interest in the lease to Chicken Hut Restaurants, Inc. MeanÂwhile, Andy dies and Dotty inherits Andyâs interest in the building. Without the knowledge or consent of either Burgertown or Chicken Hut, Dotty sells the building to Earnest Investments, Inc. The next month, the building is destroyed in the flood of a nearby river. Burgertown rebuilds it and files a suit against Earnest for the expense. Earnest responds that the lease has terminated, and it is not responsible. Is Earnest correct? If so, when did the lease termiÂnate? If not, is Earnest liable for the cost of reÂbuilding the structure? Why or why not? Discuss and explain your answer in detail.
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