Funk v. Funk

SHEPARD, Justice.

This is an appeal from a summary judgment which denied the relief sought by plaintiff-lessors, f. e., the termination of a farm lease. We affirm.

The principal question presented is the ability of a lessee to sublease without the consent of the lessor when the lease allows subletting conditioned on the lessor’s consent and the lessor arbitrarily and capriciously withholds such consent.

In November of 1969, plaintiff-appellants Ewald and Pearl Funk [hereinafter lessors] leased certain farm land to Melvin and Diane Funk [hereinafter lessees] for a ten year period commencing…