Branmar Theatre Co. v. Branmar, Inc.

SHORT, Vice Chancellor.

This is an action for a declaratory judgment in which plaintiff seeks to enjoin defendant from cancelling a lease agreement previously executed by the parties. Defendant, by its answer, prays the court to find that it was entitled to treat the lease agreement as terminated because of a violation of a covenant therein prohibiting assignment by the lessee. This is the decision after final hearing.

Plaintiff was incorporated under the laws of Delaware on June 7, 1967. The owners of its outstanding capital stock were the Robert Rappaport family of Cleveland, Ohio. On June 9,…