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Davis v. Vidal
Texas Supreme Court
151 S.W. 290 (1912)
Antoinette Davis (plaintiff) leased her property to the Dallas Brewery. Dallas Brewery signed an agreement with Lewis Vidal (defendant) under which Dallas Brewery agreed to “sublet, assign and transfer” the property to Vidal. Dallas Brewery reserved the right to cancel the transfer, pay rent directly to Davis, and repossess the property if Vidal failed to pay rent. Vidal failed to pay rent. Davis brought suit against Vidal to recover the unpaid rent. The trial court held that the agreement between Dallas Brewery and Vidal was a sublease, and as a result, Davis could not maintain her suit directly against Vidal. The Texas Court of Civil Appeals affirmed. Davis appealed.
Rule of Law
Holding and Reasoning (Dibrell, J.)
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