subject to

subject to
Words of qualification. Consolidated Coal Co. v Peers, 166 Ill 361, 46 NE 1105. Words of qualification of the estate granted by a deed. 23 Am J2d Deeds § 217. Words of condition; sufficient to destroy the negotiability of the instrument where serving to subject the instrument to the terms of another agreement. 11 Am J2d B & N § 143. A phrase which, appearing in a contract, usually indicates that a promise is not to be performed except upon a condition or the happening of a stated event. Jones v Palace Realty Co. 226 NC 303, 37 SE2d 906. A phrase insufficient in itself to constitute the assumption of a mortgage. Anno: 101 ALR 284; 37 Am J1st Mtg § 998. A provision in the assignment of a lease that it is "subject to" the agreements of the lessee contained in the lease does not constitute a contract obligating the assignee unqualifiedly to perform the duties imposed upon the lessee, so as to render him liable to reimburse the lessee, on account of rents which the lessee was compelled to pay and which accrued after the assignee resigned the term, as the words "subject to" are words of qualification and not words of contract. 32 Am J1st L & T § 350. The words "subject to the terms of said lease" do not impose contractual liability on an assignee to a lessor to carry out the covenants of the lease. Coles Trading Co. v Spiegel (CA9 Ariz) 187 F2d 984, 24 ALR2d 702.

Ballentine's law dictionary. . 1998.

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