Weinsklar Realty Co. v. Dooley

On October 16, 1926, the plaintiff as lessor, and the defendants Dooley and Driscoll as lessees, executed a lease for a term of five years from December 1, 1926. The lessees, as copartners, conducted a drug store in the premises until June 1, 1927, when they organized a corporation, which then continued the business in the premises under an assignment of the lease from the lessees. There *414was a provision in the lease that the lessees agreed not to assign the lease “without the consent of the lessor in writing first had and obtained.” However, the evidence established and the court found that…