Lipsker v. Billings Boot Shop

MR. JUSTICE ANGSTMAN:

(dissenting).

To reach a proper conclusion in this case all of section 6 of the agreement between plaintiffs and defendant must be considered. It provides:

“6. That the lessee will not assign this lease, or any interest hereunder, and will not permit any assignment hereof by operation of law, and will not sublet the said premises or any part thereof, and will not permit the use of said premises by any other parties than the lessee and the agents and servants of the lessee, without, in each and every case, the written consent of the lessors first had and obtained.

“The sale…