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ITALIAN FISHERMAN v. MIDDLEMAS

No. 71, September Term, 1986.

313 Md. 156 (1988)

545 A.2d 1

THE ITALIAN FISHERMAN, INC. AND THE NEW LEAF, INC. v. ROSALIE V. MIDDLEMAS.

Court of Appeals of Maryland.

August 1, 1988.

Attorney(s) appearing for the Case

Albert D. Brault (Brault, Graham, Scott & Brault, on the brief), Rockville, for appellant.

Robert C. Park, Jr. (Michael J. Gugerty and Linowes & Blocher, on the brief), Silver Spring, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ.

COLE, Judge.

In this case we must decide whether the assignor of a leasehold estate has a right of reentry upon default in the terms of the lease by the assignee.

The relevant facts are as follows. In 1975, The Italian Fisherman, Inc. (Italian Fisherman) entered into a 25 year ground lease with Robert Middlemas (now deceased) and Rosalie Middlemas (Middlemas) for property located in Rockville, Maryland. The lease provided that Italian Fisherman would be permitted...

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