Gilbert Hotel No. 22 Inc. v. Black

I dissent from the rulings of the majority of the court as hereinafter discussed, and from the judgment of reversal, for the following reasons:

Under the terms of the contract the lease could not be assigned or sublet to other than a corporation organized by the Gilberts, nor could the Gilberts sublet the premises or any part thereof without the written consent of the lessor. Admittedly no such consent was given. The defendants can not be said to have substituted the plaintiff as a tenant even if “Gilbert Hotel No. 22 Inc.” was in possession of and rents were accepted from a third party during…