For Your Data Newman V. Hinky Dinky Omaha-Lincoln, Inc. Illustration Brief

Newman v. Hinky Dinky Omaha-Lincoln, Inc. representative brief summary
427 N.W.2d 50 (1988)

CASE SYNOPSIS

Defendant occupant together with sublessee appealed a grant of summary judgment inward favor of plaintiff lessor from the District Court for Lancaster County (Nebraska), raising the upshot of whether, inward the absence of an limited lease provision permitting the withholding of consent, the lessor was required to accept a commercially reasonable objection to the assignment or subletting when the lease allowed assignment or subletting solely amongst the lessor's consent.

DISCUSSION

In a forcible entry together with detainer action, the courtroom held that where a commercial lease did non expressly permit a lessor to withhold consent to an assignment or subletting together with contained an blessing clause, a lessor was permitted to withhold consent solely when a lessor had a skillful organized faith together with reasonable objection to assignment of the lease or subletting, fifty-fifty inward the absence of a lease provision that consent would non hold upward unreasonably withheld.
Because the lease at upshot did non expressly permit or authorize the lessor to withhold consent, the provisions of the lease required the lessor to human activity inward skillful organized faith together with reasonably inward withholding consent to an assignment or subletting.
Whether the lessor acted inward skillful organized faith together with reasonably inward withholding consent to the assignment together with sublease was a interrogation of cloth fact and, thus, summary judgment was non appropriate.

CONCLUSION
The courtroom reversed the judgment together with remanded the cause.

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