B. C. & H. Corp. v. Acme Markets, Inc.

COFFROTH, P.J.,

—This action in ejectment is before the court on defendant’s motion for summary judgment. The issue is whether plaintiff lessor (hereinafter called landlord) has validly terminated its lease with defendant lessee, Acme Markets, Inc. (hereinafter called tenant), for either of the following actions by tenant:(1) Assigning the lease without landlord’s consent, or(2) permitting alteration of the leased premises by its sublessee.

Defendant tenant’s motion for summary judgment is based on the undenied averments of the pleadings and affidavits filed.

*421From the pleadings and affidavits,…