[DOWNLOAD] "Joseph Brothers Co. v. F. W. Woolworth Co." by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Brothers Co. v. F. W. Woolworth Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 18, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
BAILEY BROWN, Senior Circuit Judge. Plaintiff, Joseph Brothers Company (Joseph Brothers), appeals and defendant, F.W. Woolworth Company (Woolworth), cross-appeals from an order of the district court granting in part and denying in part Joseph Brothers' motion for summary judgment. Joseph Bros. Co. v. F.W. Woolworth Co., 641 F. Supp. 822 (N.D. Ohio 1985). Joseph Brothers argues that, as a matter of law, an agreement between Woolworth and SCOA Industries, Inc. (SCOA), is an assignment, not a sublease, and that Woolworth breached the terms of its lease with Joseph Brothers by assigning the lease without the consent of Joseph Brothers. Alternatively, Joseph Brothers argues that if the agreement with SCOA was a sublease, Woolworth breached the lease because, as matter of law, its terms provide that consent for subletting is required except for subleases to a subsidiary. Further, Joseph Brothers argues that if these determinations cannot be made as a matter of law, then genuine issues of material fact exist making summary judgment inappropriate.
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