Funk v. Funk

I must dissent from the majority’s decision to rewrite the lease provision in question. The lessee’s right to assign or sublease the premises was unambiguous and unconditional in its requirement that the lessor consent. For the members of this Court to inject a new requirement that “the consent of the lessor may not be unreasonably withheld” is in effect to say that this Court may at any time disregard the intentions of the parties as expressed in their unambiguous agreement and rewrite the contract because a majority of this Court is of the opinion that it should be altered. The action of…