Property Law Keyed to Dukeminier
Kendall v. Ernest Pestana, Inc
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The Defendant was the assignee of leased hangar space owned by the City of San Jose. Prior to assigning their interest to the Defendant, the assignors entered into a 25-year sublease with Mr. Bixler. Mr. Bixler in turn wanted to sell his business and assign the lease to the Plaintiffs. When Mr. Bixler requested permission to assign his interest, the Defendant refused. The trial court found for the Defendant and the Plaintiffs appealed.
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