Fabrique, Inc. v. Corman

OPINION

THOMAS, Justice.

The issue in this case is whether a landlord must put an assignee of a lease into peaceful possession of the leasehold after possession by the original tenant when the lease permits assignment by the tenant. We hold that it does. We reverse and remand for further proceedings.

In 1977, Corman and Texiana Restaurants entered into a twenty-year ground lease. A building was constructed on the leasehold, and Texiana began operating a restaurant on the premises. Shortly thereafter, Texiana assigned the lease to Hospitality Restaurants under terms of the lease permitting such…