Cases

The Court of Appeal held that a tenant’s assignment of a 95-year commercial lease constituted a novation. The result was to resurrect the lease’s “gold clause” price indexing mechanism that had been outlawed in depression-era legislation, but made legal again by 1977 federal statute – thus allowing GMSR’s clients to recover market rent on their property for the first time in over sixty years.

Case Briefs

• Wells Fargo Bank v Bank of America AOB - View Document
• Wells Fargo Bank v Bank of America ARB - View Document
• Wells Fargo Bank v Bank of America Opinion - View Document