Barber v. Hyder

BRICE, Chief Justice.

This is a suit for a statutory declaratory judgment.

The parties agree that the sole question to be decided is, “Whether a covenant not to assign a lease without the written consent of the landlord is enforcible against the assignee of the tenant under the circumstances present in this case.” The trial court was of the opinion that the covenant was not enforcible because within the rule laid down in Dumpor’s Case, 76 Eng. Reprint, 1110; and entered a decree accordingly for plaintiff (appellee).

The facts are not in dispute and are as follows:

On August 21, 1941, appellants,…