Lawther v. Super X Drugs of Texas, Inc.

OPINION

COHEN, Justice.

The sole question for decision in this summary judgment case is whether the tenant of a shopping center lease had the right, as a matter of law, to assign the lease without the landlord’s consent. Both parties in the court below moved for summary judgment. The court granted the summary judgment for the tenants and denied the summary judgment motion of the landlords, holding that the lease clearly gave the tenants the right to assign.

We hold, as a matter of law, that the lease prohibited an assignment without the landlord’s consent, and, consequently, we reverse the…