Leasehold Interest

274 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• L. L. Brewton Lumber Co., Inc. v. Cont'l CAN Co., Inc.
  460 F.2d 963· 5th Cir.· 1972-05-16
  The court held that the trial court erred in finding no rental consideration for the basic nine-year lease term, as the agreement explicitly stated $20,000 was paid as consideration for the lease.
• United States v. Upper Potomac Props. Corp.
  448 F.2d 913· 4th Cir.· 1971-09-29
  The court held that the date of taking for valuation purposes was the date of the order for possession, not the trial date, and that the admission of a comparable sale, even with an existing lease, was within the trial court's discretion.
• State Rd. Dep't of Fla. v. Bramlett
  189 So. 2d 481· Fla.· 1966-07-08
  The Florida Supreme Court reversed a condemnation award that included $5,500 in business damages to a tenant whose leasehold business was destroyed when the State Road Department took fee simple title to the property. The court held that business damages are not compensable in em
• Jacksonville Expressway Auth. v. Hill
  18 Fla. Supp. 133· Duval Cty. Cir. Ct.· 1961-09-19
  In this condemnation proceeding, the court determined how to divide a jury award of just compensation between a property owner and a lessee whose interest was terminated. The court found that the lessee had effectively cancelled its lease through an anticipatory breach and abando
• Fittger Realty Co., Inc. v. United States
  272 F.2d 761· 5th Cir.· 1959-12-14
  The court held that the lease was validly assigned and remained in effect, entitling the assignee to compensation for the leasehold interest in the condemned property.
• Texeramics, Inc. v. United States
  239 F.2d 762· 5th Cir.· 1957-01-04
  The court held that the United States, as a stranger to an oral option contract, could not avail itself of the Statute of Frauds defense to bar a claim for the value of the land.
• Nordin v. MAY
  208 F.2d 131· 8th Cir.· 1953-11-20
  The court held that the defendant lessee was not bound by a covenant in the plaintiff's mortgage to furnish steam, as the defendant lacked actual or constructive notice of the covenant and the underlying mortgages were senior.
• Raleigh Operating Co., Inc. v. Naglo Corp.
  3 Fla. Supp. 111· Dade Cty. Cir. Ct.· 1953-02-17
  The court held that the leasehold interest holder is entitled to the interest earned on the eminent domain award placed in escrow, which should be credited against future rent payments.
• Hee Kee Chun v. United States
  194 F.2d 176· 9th Cir.· 1952-01-23
  The court held that the withdrawal of leased public land by the territorial government for a public purpose constituted a 'determination' of the lease, and under the lease terms, the lessee renounced claims to improvements in such an event.
• Kirtley v. Korshak
  1 Fla. Supp. 8· Dade Cty. Cir. Ct.· 1951-05-11
  The court held that the lease agreement is cancelled and terminated due to the lessee's breach of covenant and failure to pay rent, and the lessee must surrender possession.
• Liles v. Peiser
  173 F.2d 882· 6th Cir.· 1949-04-11
  The court held that Tennessee mechanics' and furnishers' lien statutes do not grant a lien on machinery owned by a lessee and temporarily placed on leased property, especially when the leasehold is not for a term of years. The court also affirmed the disallowance of overtime char
• United States v. Katz Drug Co.
  150 F.2d 681· 8th Cir.· 1945-07-31
  The court held that bonus payments and above-normal moving costs necessitated by a summary possession order are elements to be considered in determining just compensation for a condemned leasehold interest. The court also held that the government could not deny the validity of Ka
• Helvering v. Jewel Mining Co.
  126 F.2d 1011· 8th Cir.· 1942-04-07
  A taxpayer cannot aggregate income from its own mining operations and royalties from a sublessee for percentage depletion purposes if it does not possess a freehold or leasehold interest in the sublessee's operations.
• United States v. Certain Lands IN JO Daviess Cnty.
  120 F.2d 561· 7th Cir.· 1941-05-22
  The court held that the respondents, as lessees, lost any right to remove the cottages by failing to do so before the expiration of their lease terms, and the cottages were considered part of the realty.
• Shammas v. Bates
  S.D. Fla.· 1925-12-12
  A buyer sought specific performance of a contract to purchase a long-term leasehold interest in Jacksonville property for $200,000, with $3,000 paid as earnest money. The court held that the contract was sufficiently definite and enforceable despite imprecise terminology, and den