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). Before 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.