Legal Opinion · Concurrence

Powell v. Sadlier

Court of Appeals of Georgia

Decided May 17, 1990No. A90A0604Published

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

  1. Stern's Gallery of Gifts, Inc. v. Corporate Property Investors, Inc.Court of Appeals of Georgia · 1985
  2. Nguyen v. ManleyCourt of Appeals of Georgia · 1987

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