Legal Opinion

Heflin v. Stiles

Court of Appeals of Texas

Decided December 22, 1983No. 2-83-041-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

BURDOCK, Justice.

This case involves a lease agreement which was assigned without the lessor’s consent. Summary judgment was granted for appellee. We reverse and remand.

By written “Agreement of Lease” dated September 5, 1973, one Hyden and Stiles (appellee) d/b/a Hyden-Stiles, G.M.C., Inc. leased certain real property located in Arlington from one John King for a ten-year term. Among the provisions of the lease is the following:

4th. That the Lessee shall not assign this agreement or underlet the premises or any part thereof (except as may be mentioned herein) ... without the consent of…

2Cases cited12 opinions

  1. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  2. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  3. Guadalupe-Blanco River Authority v. City of San AntonioTexas Supreme Court · 1947
  4. Forrest v. DurnellTexas Supreme Court · 1894
  5. American National Bank & Trust Co. v. First Wisconsin Mortgage TrustCourt of Appeals of Texas · 1979

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re Federated Department Stores, Inc.United States Bankruptcy Court, S.D. Ohio · 1990
  2. Trinity Professional Plaza Assocs. v. Metrocrest Hospital Authority, Texas Court of Appeals, 11th District (Eastland)1999
  3. In re Federated Department Stores, Inc.United States Bankruptcy Court, S.D. Ohio · 1990
  4. Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez, Texas Court of Appeals, 3rd District (Austin)2014

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