Rogers v. . Hall

This appeal poses one question for decision: Does the assignment of a lease contract breach a covenant therein not to sublet without the consent of the lessor? We are constrained to answer in the negative.

A covenant not to assign and a covenant not to sublet have the same general objective — the restriction of the common law right of alienation. Even so, they are by no means coextensive. Each has a distinctive meaning. Springs v. Refining Co., 205 N. C., 444, 171 S. E., 635; Millinery Company v. Little-Long Company, 197 N. C., 168, 148 S. E., 26; Hargrave v. King, 40 N. C., 430; Oil Co. v.…