W. C. Hines Co. v. Angell

STONE, Justice.

Action by lessee against its assignee to be reimbursed for rent paid. Plaintiff got the decision. Defendant appeals from the order denying his motion for amended findings or new trial.

March 20, 1928, plaintiff sold defendant its store in the city of Austin, plaintiff held the premises under a lease which covenanted not to assign “without first obtaining * * * written consent of the lessors.” If assigned without such consent, the lease stipulated that “neither acceptance of rent by the lessors from the lessee, or any other person, thereafter, nor failure on the part of the…