Jaber v. Miller
Supreme Court of Arkansas
239 S.W.2d 760 (1951)
Jaber (defendant) entered into a lease with a landowner that was to end on March 1, 1951. In 1949, Jaber transferred his lease to Norber & Son. The document involved in this transfer was entitled “Contract and Assignment”. Norber & Son paid $700 for the assignment, with five promissory notes for the same amount payable to Jaber. Norber & Son then transferred the lease to Miller (plaintiff). Three months prior to the end of the lease, the leased premises burned down. Miller refused to honor the promissory notes, arguing that the transfer to Norber & Son was a sublease, and that the promissory notes were considered rent, which was to cease when the building burned down. The trial court agreed with Miller. Jaber then petitioned for certiorari to the Supreme Court of Arkansas.
Rule of Law
Holding and Reasoning (Smith, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.