Winegar v. Smith Investment Co.

WILKINS, Justice:

Plaintiffs appeal from a judgment of no cause of action on their Complaint to seek reformation of a lease and to seek damages for wrongful failure of defendant to consent to assignment of the lease.

On November 20, 1966, Defendant Smith Investment Company leased to Virgil and Thelma Fox a parcel of its property for the purpose of constructing a carwash. The lease term, commencing on February 15, 1967, was for a period of five years and provided for a renewal term of five years. The Foxes constructed and operated the carwash for almost two years and then assigned the lease to…