Powell v. Sadlier
Court of Appeals of Georgia
1ConcurrenceCarley, Chief Judge
I agree with the majority that the trial court correctly granted summary judgment in favor of appellees. I also agree with the majority that there was no evidence showing that appellees wrongfully withheld their consent to an assignment of the lease.
However, even had this remained as a genuine issue of material fact, summary judgment would nevertheless be appropriate. The lease in this case specifically provided that “[t]enant shall not, without the prior written consent [of Landlord] (which consent shall be given in the sole and absolute discretion of Landlord) . . . assign this lease or any…
2Cases cited2 opinions
- Stern's Gallery of Gifts, Inc. v. Corporate Property Investors, Inc.Court of Appeals of Georgia · 1985
- Nguyen v. ManleyCourt of Appeals of Georgia · 1987