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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Haddad v. Francis, 537 A.2d 174 (1986)

Citation
Haddad v. Francis, 537 A.2d 174 (1986)
Parent Document
Haddad v. Francis, 537 A.2d 174 (1986)
Jurisdiction
Connecticut (state)
Effective Date
1986-06-30

Other Sections in This Document (65)

Full Text

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The decisive test for determining if the lease has remained with a corporation or has passed to its shareholders is whether the lease was abandoned or treated as a valuable asset. Only if the lease is abandoned, in the sense that it is repudiated, does it remain as a primary obligation of the corporation with a consequent claim by the landlord for damages. Otherwise, the lease passes to the shareholders who succeed to the rights and obligations of the corporation in the leasehold estate. Middendorf v. Fuqua Industries, Inc., 623 F.2d 13, 17 (6th Cir. 1980); Rauch v. Circle Theatre Co., 176 Ind. App. 130, 136-37, 374 N.E.2d 546 (1978); Hampton v. Hampton Beach Improvement Co., supra, 94-95.