Fahrenwald v. LaBonte

BURNETT, Judge.

This case focuses upon a sublease of commercial real property. We are asked to decide whether the sublessee is entitled to recover damages resulting from the sublessor’s allegedly unreasonable withholding of consent to an assignment of the sublease to another tenant. The district judge denied recovery because he was not persuaded that the sublessor had acted unreasonably. We affirm.

I

From a rather convoluted record, we have distilled the following facts essential to our opinion. In 1977 Lloyd LaBonte and Errol Beach acquired the “going concern” value of an automobile dealership…