Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Neal v. Craig Brown, Inc.

Court of Appeals of North Carolina
356 S.E.2d 912 (1987)


Facts

Craig Brown, Inc., and its predecessors (Brown) (defendants) leased a building to a dry-cleaning business under a 15-year written lease. The same year, the dry-cleaning business sublet the building for five years to a third party under a written sublease, which contained options to renew at increased rent for two additional five-year periods. The sublease also retained a reversionary interest in the remaining portion of the lease term and a right to re-enter the premises. Three years later, after the dry-cleaning business went bankrupt, the third-party sublessor assigned his sublease to Neal (plaintiff). The bankruptcy trustee told Neal to pay rent directly to Brown. Neal paid Brown rent monthly for the next 12 years. Neal presented evidence that he then gave Brown written notice of intent to extend the lease for five years at increased rent. Neal also made improvements to the property, including installing a new boiler. Brown was aware of the improvements, and treated Neal as a long-term tenant, but claimed that he never received a notice to renew from Neal. Brown claimed that the increased rent payments resulted from negotiations with Neal, without any mention of renewal. Approximately two-and-a-half years later, Brown notified Neal to vacate the building, but Neal continued to occupy the premises. Neal claimed that the sublease was actually an assignment of the original lease, not a sublease, such that Neal was Brown’s tenant. Brown argued that the sublease was not itself an assignment, such that Neal received no more rights than the third-party sublessor who preceded him. The trial court entered summary judgment for Brown dismissing Neal’s claims.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

What to do next…

  1. 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 457,000 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.

  2. 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 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.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial