MITCHELL'S, INC. v. FRIEDMAN

No. A-6101.

303 S.W.2d 775 (1957)

MITCHELL'S, Inc., Petitioner, v. Ben FRIEDMAN, Respondent.

Supreme Court of Texas.

Rehearing Denied July 17, 1957.


Attorney(s) appearing for the Case

Morris I. Jaffe, Dallas, for petitioner.

Elihu Berwald and Max Rosenfield, Dallas, for respondent.

Stephen L. Mayo, Dallas, amicus curiae, for Dallas Real Estate Board.

Niemann & Babb, Austin, amicus curiae, for Texas Real Estate Association, Inc.


WALKER, Justice.

This is a summary judgment case. The principal question is whether the original lessee in a building lease, who had assigned the leasehold estate with an agreement to remain responsible for the performance of all the lease terms, is obligated by the provisions of the lease to indemnify the lessor against liability for injuries received on the leased premises by a customer of the assignee.

Mitchell's, Inc., petitioner, is the lessor, and Ben...

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