Broad & Branford Place Corp. v. J. J. Hockenjos Co.

The opinion of the court was delivered by

Heher, J.

The essential question here is whether a landlord’s refusal to sanction the subletting of the demised premises and the use thereof for a purpose not authorized by the lease was “unreasonable,” and therefore a breach of covenants obliging the tenant to devote the premises to a particular use and not to sublet or underlet them, without the landlord’s consent.

The granting clause of the lease provided that the premises were “to be used and occupied for the business” thereinafter specified, “and for no other use or business whatsoever (except with…