Citizens Fidelity Bank & Trust Co. v. Norfleet

CAMMACK, Chief Justice.

This is a declaratory judgment proceeding between a lessor and an assignee of the original lessee concerning the assignee’s right to sublease a part of the premises. The appeal is from a judgment upholding the assignee’s right to sublease.

In January, 1946, Mr. and Mrs. Beecher Smith executed a lease on a store building in Somerset to Butler Brothers. The lease runs to the last of February, 1957, and provides for a rental of $250 per month. In May, 1948, Butler Brothers assigned the lease to the appellee, J. E. Norfleet. The Smiths gave written consent to the assignment.…