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HADLEY v. GERRIE

Civ. Nos. 1988/15, 1988/16, Bankruptcy No. 387-00017, Adv. No. 388-001.

124 B.R. 679 (1991)

Thomas J. HADLEY and Gas House, Inc., Plaintiffs, v. Scott GERRIE, d/b/a Alexander's, Defendant. GAS HOUSE, INC., Plaintiff, v. UNICORP AMERICAN CORPORATION, formerly Institutional Investors Trust, Defendant. Thomas J. HADLEY and Gas House, Inc., Plaintiffs, v. William and Hope GERRIE, Defendants.

District Court, Virgin Islands, St. Croix.

January 25, 1991.

Attorney(s) appearing for the Case

Joel H. Holt, St. Croix, U.S.V.I., Joe Stamper, Stamper, Otis & Burrage, Antlers, Okl., for plaintiffs Thomas Hadley and Gas House, Inc.

Greg Hodges, Dudley, Topper & Feuerzieg, Charlotte Amalie, St. Thomas, U.S.V.I., Philip R. Hoffman, Pryor, Cashman, Sherman & Flynn, New York City, for defendant Unicorp.

BROTMAN, Acting Chief Judge:

Before the court is defendant Unicorp's motion and plaintiff Gas House, Inc.'s cross-motion for summary judgment. Both parties have also moved for Rule 11 sanctions. The case raises the issue whether a tenant can enforce a landlord's oral promise after the landlord has assigned all rights and duties in the lease to a third party. For the following reasons, defendant's motion is granted and plaintiff's cross-motion is denied.

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