Beall v. Everson

HOOD, Associate Judge.

Appellant, owner of an apartment house, sought to recover possession of an apartment which had been leased to appellee. The basis of the action was an alleged violation of a covenant in the lease not to “sublet the said premises or assign this lease in whole or in part without the consent in writing of said lessor.”

No evidence was taken at the trial but it was stipulated that at various times appellee had rented a part of her apartment to roomers by whom she was paid a consideration. Appellant contended this constituted a violation of the covenant against subletting.…