Alexander v. Theatre Realty Corporation

Opinion op the Court by

Judge Perry

Affirming.

This appeal involves the decision of but one question, which, is, as stated in the opinion of the learned chancellor, whether or not the appellee Theatre Realty Corporation, the lessee and tenant in a lease for 99 years, has been released from its covenants by an assignment of the leasehold — without the present consent of the landlord — to a person known to be insolvent when the assignment was made. It is admitted that an assignment without the landlord’s assent will not release the tenant from hip covenants, unless it is expressly authorized by…