Edward A. Wine v. Council

Plaintiff acquired the property from Robert Lee Myer through an escrow which was opened on May 8, 1958, and closed on June 30, 1958. The premises were under lease to defendant Degen and Brody, Incorporated, the term having some two years to run. That lease forbade assignment or subleasing by the lessee without written consent of the lessor, and provided that "[any] such assignment or subletting without such consent shall be void, and shall, at the option of lessor, terminate this lease." It specified that the premises should be used "for the purpose of conducting therein a flooring and acoustical supply business, and for no other purpose," and said in paragraph 2: "Lessee shall not use, or permit said premises, or any part thereof, to be used, for any purpose or purposes other than the purpose or purposes for which said premises are hereby leased." Paragraph 3 provides: "Lessee shall not make, or suffer to be made, any alterations of the said premises, or any part thereof, without the written consent of lessor first had and obtained... ." It was stipulated at the trial that "there has been no written consent to the subletting or to a use different than that provided in the lease, nor is there any written consent to the alteration of the premises by plaintiff." The court found that the lessee, Degen and Brody, Inc., did sublet a portion of the premises to defendant Allied Stores of America without the consent of the lessor Myer, or of