A Treatise On the Law of Landlord And Tenant, Including Leases, Their Execution, Surrender, And Renewal, the Parties Thererto, And Their Reciprocal Rights And Obligations, the Various Kinds of Tenancy, &c., &c., With Full References to the Latest American
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Nor will the fact that the party to whom the assignment is to be made has actually gone into possession operate to enable the other party to secure a specific perform- ance or to estop the proposed assignee from showing the in- validity of the lessee's title, though before he shall do so, he may be under the necessity of surrendering possession. 2 In the case of a lease assignable only with the consent of the lessor, it is incumbent on a lessee who has contracted to assign and not upon the pros...pective assignee to procure such eonsient. 3 So where a lessee under such a lease became bankrupt and the assignee in bankruptcy assigned to one who subsequently agreed to re-assign the lease, the latter must procure the consent of the lessor inasmuch as the assignment by the assignee in bank- ruptcy was no breach of the lease.* The fact that the consent of the landlord to an assignment of a lease had not been ob- tained is no defense to an action for specific performance of an agreement to assign a lease brought against the lessee.
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