Where partners are lessees of a term for years and have covenanted not to assign or sub-let without the consent in writing of the lessor an assignment by one of his interest in the lease to his partner without such consent is a breach of such covenant. Varley v. Goppard (L.R. C.P. followed.
The lease provided that, having performed all their covenants and agreements contained in the lease the lessees on giving six months' notice in writing to the lessor before the expiration the term that they required it, would be entitled to a renewal. Held, that a breach (after the said notice was given) of their covenant in the lease not to assign without leave caused a forfeiture of the right to renewal.
Judgment appealed from Ont. L.R. 254) affirmed.
APPEAL from a decision of the Court of Appeal for Ontario (1), affirming the judgment at the trial in favour of the plaintiffs.
In 1904 the appellant Loveless and one Barbour, partners in business, became assignees of a lease for a term to expire in August, 1907, and signed an agree- *PRESEXT:-Sir Charles Fitzpatrick C.J. and Davies, Idington, Duff and Anglin JJ.
(1) Ont. L.R. 254 sub nom. Fitzgerald v. Barbour.