Segre v. Ring

Blandís, J.

The instrument in question contains an unqualified provision “that the lessee will not assign this lease without the written consent of the lessor.” It is undisputed that, were the transaction between private parties, the defendants would have the right to refuse assent to the assignment requested by the plaintiffs. 68 Beacon Street, Inc. v. Sohier, 289 Mass. 354, 360-361; 51 C.J.S., Landlord and Tenant, s. 33(a); anno. 31 A.L.R. 2d 831. Their reasons for so doing would be immaterial and they would not have to disclose them. 32 Am. Jur., Landlord and Tenants, s. 343.

However, the…