Adams v. Shoopman

Court of Appeals of Kentucky

Adams v. Shoopman

316 S.W.2d 840

Court of Appeals of Kentucky·Decided October 10, 1958·Published

Opinion

PER CURIAM.

Motion for an appeal from a judgment of the Casey Circuit Court, Honorable James C. Carter, Jr., Judge, dismissing appellants’ complaint seeking possession of a certain building occupied by appellee under a written lease. Appellants base their right of re-entry on the allegation of nonpayment of rent.

Inasmuch as the lease does not contain a forfeiture clause, the appellee’s failure to pay rent when due does not constitute a ground upon which appellant may be granted relief in this action. 32 Am.Jur., Landlord and Tenant, Section 852, p. 723; 51 C.J.S. Landlord and Tenant § 104(b), p. 683.

The motion for appeal is overruled and the judgment stands affirmed.

MONTGOMERY, J., not sitting.

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PER CURIAM.

Motion for an appeal from a judgment of the Casey Circuit Court, Honorable James C. Carter, Jr., Judge, dismissing appellants’ complaint seeking possession of a certain building occupied by appellee under a written lease. Appellants base their right of re-entry on the allegation of nonpayment of rent.

Inasmuch as the lease does not contain a forfeiture clause, the appellee’s failure to pay rent when due does not constitute a ground upon which appellant may be granted relief in this action. 32 Am.Jur., Landlord and Tenant, Section 852, p. 723; 51 C.J.S. Landlord and Tenant § 104(b), p. 683.

The motion for appeal is overruled and the judgment stands affirmed.

MONTGOMERY, J., not sitting.

Adams v. Shoopman, 316 S.W.2d 840 (Ky. Ct. App. 1958).

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