Specht v. Stoker

SIMS, Justice.

The question before us in this declaratory action is, does the waiver by the landlord of a provision in a lease as to subletting carry over to an extension of the lease for an additional five year term at the option of the tenant? In a concise and logical opinion the chancellor, Hon. Macauley L. Smith, held the waiver applied to the extended term, and the landlord appeals.

We had this same lease before us in Specht v. Stoker, Ky., 237 S.W.2d 78, where we held that the landlord orally waived the provision that the property could not be sublet without his written consent. The…