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JAMES COGGINS v. MAURICE H. JOSEPH

MARCH 18, 1987

JAMES COGGINS
v.
MAURICE H. JOSEPH



BEFORE HAWKINS, P.J., DAN LEE AND GRIFFIN, JJ.

HAWKINS, PRESIDING JUSTICE, FOR THE COURT:

James Coggins has appealed from a summary judgment rendered in the circuit court of the 1st Judicial District of Hinds County in favor of Maurice H. Joseph for brokerage commissions due Joseph under a business office lease between A.P.P. Corporation and Mutual Insurance Agency, Inc., dated July 25, 1977. Appeal was taken only as to that part of the judgment finding Coggins personally liable for the realty commissions provided for in this particular lease. This is all we address on this appeal. The judgment also covered other transactions between Coggins and Joseph from which no appeal was taken.

We are persuaded that Coggins as assignee of the A.P.P. Corporation - Mutual Insurance Agency, Inc., lease neither assumed nor became personally liable for any realty brokerage commission due Joseph under the lease, and therefore that part of the circuit court judgment finding Coggins personally liable for payment of such commission is reversed and judgment rendered here for Coggins.

 FACTS

 On the 25th day of July, 1977, A.P.P. Corporation, a corporation, and Mutual Insurance Agency, Inc., a corporation, entered into a five-year lease contract covering 996 square feet of office space in a building located at 802 North State Street in Jackson, beginning August 1, 1976, and ending July 31, 1981. Paragraphs 21 and 22 of this lease contain the following provisions:

 21.

 The covenants of this lease shall inure to the benefit of and shall be binding upon Lessor and Lessor's successors in title, as well as

 Lessee, his successors or assigns.

 22.

 Maurice H. Joseph, agent, of Jackson, Mississippi, is recognized as procuring agent in securing this lease. Lessor herein agrees to pay to the said Maurice H. Joseph, his heirs, assigns, or successors, commission of Six (6%) percent of all rentals including all renewals and/or extensions. These commissions shall be paid on an annual basis in advance out of the first month's rental each year.

 Vol. I, pp.54-55.

 A.P.P. Corporation owned the building which included this office space. In October, 1979, it sold the building to Coggins. On January 15, 1981, A.P.P. Corporation dissolved and ceased to exist.

 On July 20, 1981, Coggins executed a lease agreement with Mutual for the period August 1, 1981, through July 31, 1982, for 1,810 square feet of office space, which included the office space in the original lease between A.P.P. Corporation and Mutual, as well as additional office space.

 Coggins paid Joseph the commissions provided for in the lease for the duration of the original lease. He refused to pay any ...


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