Apperson v. Shofner

WILSON, Justice.

Shofner was lessee under a written lease agreement which provided he could not assign or sub-let without his lessor’s written consent. He built a golf course on the leased premises, and thereafter assigned the lease to appellant Apperson, retaining a lien on the leasehold estate and personal property on the golf course to secure payment of rents due under the original lease. Upon Apperson’s failure to pay rents, Shof-ner instituted this action to foreclose the lien.

Apperson’s defense was that since Shof-ner, the lessee failed to obtain his lessor’s written consent to the…