As the result of an assignment, the tenant's assignee becomes bound by privity of estate, and the assignee must perform the "express covenants which run with the land." FirstAm. Nat'l Bank of Nashville v. Chicken Sys. of Am., Inc., 616 S.W.2d 156, 158 (Tenn. Ct. App. 1980); see also Stone v. Martin, 206 S.W.2d 388, 389 (Tenn. 1947).

Therefore, there was not "privity of contract" but only "privity of estate" between PSI and the Trustee, that when the Trustee leased the premises to Sir Pizza, PSI's right to occupy the premises was terminated and "privity of estate" between the Trustee and PSI ceased to exist. The suit as to PSI was dismissed and the case remanded for further proceedings against Chicken System. First American National Bank, Trustee, v. Chicken System of America, Inc., 616 S.W.2d 156, 162 (Tenn. App. 1980). The charter of Chicken System had been revoked and there were no assets to satisfy the judgment.

In considering the record, particularly, the language used by defendant in the various letters written to plaintiff and plaintiff's lawyer, defendant stands in the position of an assignee and a privity of estate is therefore created between defendant and plaintiff as lessor. In our opinion, the evidence does not preponderate against the finding of the trial court that defendant was bound by the terms of South Central's lease with plaintiff. Defendant's reliance upon First American Nat'l Bank v. Chicken Sys. of America., Inc., 616 S.W.2d 156, 158 (Tenn.App. 1980) is misplaced. There was a second assignment, or "reassignment" of the lease in First American, which we do not have in this case.