Silver v. Telerent Leasing Corp.

OPINION

In mid-1981, appellant Luther Kutcher leased several television sets for his motel from respondent Telerent Leasing Corporation (Telerent). The lease prohibited assignment without Telerent’s prior consent. Kutcher thereafter sold the motel but did not obtain consent to assignment of the television lease. The escrow instructions (the only sale agreement of record) listed the buyer as “FRANK P. SILVER, and/or nominee;” Frank Silver signed the agreement, appending to his signature the single notation “Pres” [sic]. No other entity was named in the agreement as a nominee, but Silver’s…