J. D. Cornell Millinery Co. v. Little-Long Co.

Stacy, C. J.,

after stating tbe case: Is a covenant in a 5-year lease “not to sell or assign this lease or any part thereof without consent of lessor” violated by a subletting of tbe premises, without tbe consent of tbe lessor, for a period shorter by one month than tbe unexpired portion of tbe original term? We think not. 16 R. C. L., 832.

A covenant in a lease against sale or assignment is stricti juris, and it is tbe general bolding that a subletting of tbe demised premises by tbe lessee is not a breach of such restriction, because tbe relation of landlord and tenant between tbe original…