Legal Opinion
Boss Barbara, Inc. v. Newbill
New Mexico Supreme Court
Decided January 11, 1982No. 13793PublishedCited by 23 opinions
1Opinion of the Court
OPINION
SOSA, Senior Justice.
The issue we consider on certiorari is whether a landlord may unreasonably and arbitrarily withhold consent to a subleasing agreement when the lease agreement provides that the tenant must obtain the written consent of the landlord before subleasing. Our answer to the question is in the negative.
On February 8, 1978, Glynda Newbill (Newbill) leased the premises at 5716 Menaul Blvd., N. E., Albuquerque, New Mexico, to Malibu Pools of New Mexico (Malibu). Paragraph IX of the lease provides:
Lessee, for and in consideration of this Lease and the demise of the said…
2Cases cited9 opinions
- Fernandez v. VazquezDistrict Court of Appeal of Florida · 1981
- Homa-Goff Interiors, Inc. v. CowdenSupreme Court of Alabama · 1977
- Wright v. BremNew Mexico Court of Appeals · 1970
- State Ex Rel. Bingaman v. Valley Savings & Loan AssociationNew Mexico Supreme Court · 1981
- Shaker Building Co. v. Federal Lime & Stone Co.Shaker Heights Municipal Court · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dick Broadcasting Company, Inc. of Tennessee v. Oak Ridge FM, Inc.Tennessee Supreme Court · 2013
- Kendall v. Ernest Pestana, Inc.California Supreme Court · 1985
- Julian v. ChristopherCourt of Appeals of Maryland · 1990
- Campbell v. WestdahlCourt of Appeals of Arizona · 1985
- Cafeteria Operators, L.P. v. Coronado-Santa Fe AssociatesNew Mexico Court of Appeals · 1997
18 more not listed; retrieve them via the Exa API.