Lerner v. Wolf

This appeal raises only a question of law, the facts being undisputed. On February 28, 1921, the plaintiff’s grantor leased to defendants certain premises for residence purposes for a term beginning March 1, 1921, and ending September 30, 1922. Although the lease contained a covenant against subletting, the landlord simultaneously with its execution signed a consent to such subletting to a third party for the period of the term of the lease, and such sublease was made. On September 6, 1922, the present plaintiff, who had purchased the building from the original lessor, wrote defendants…