284 S.E.2d 534 (1981)
- Crews (D) leased office space from Isbey (P) for a term of five years.
- According to the lease, the premises could not be used for any purpose other than as a doctor’s office and for a dialysis unit without the consent of the plaintiff.
- Furthermore, Crews could not assign, sublease, or alter any part of the premises without consent.
- Slightly less than four years into the lease, Crews vacated and sought to sublease the premises to a medical supply company.
- Isbey refused to consent to the sublease and sought to recover one-month’s unpaid rent.
- The lower court granted Isbey summary judgment.
Plaintiffs brought action against defendants to recover damages for breach of a lease agreement. The trial court entered summary judgment for plaintiffs.
On appeal, defendants argued that an issue of material fact existed as to whether plaintiffs unreasonably refused to consent to a sublease proposed by defendants.
- The court refused to read into the lease agreement an obligation on the part of plaintiffs to not unreasonably withhold consent to a subtenant.
- The court found that defendants breached their agreement with plaintiffs when they refused to make rental payments.
- The court held, therefore, that plaintiffs were entitled as a matter of law to recover damages for such breach.
- The court also found no evidence that plaintiffs failed to exercise reasonable diligence to relet the premises after defendants breached the lease agreement.
- Accordingly, the court affirmed the judgment of the trial court.
The court affirmed a trial court decision entering summary judgment for plaintiffs in an action on a lease. The court held that the record disclosed that defendants breached their agreement with plaintiffs when they refused to make the rental payment, thus, plaintiffs were entitled as a matter of law to recover damages for such breach. The court also found no evidence that plaintiffs failed to exercise reasonable diligence to relet the premises.
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