WARMACK v. MERCHANTS NAT. BANK OF FORT SMITH

No. 80-314.

612 S.W.2d 733 (1981)

Ed WARMACK, Appellant, v. The MERCHANTS NATIONAL BANK OF FORT SMITH, Appellee.

Supreme Court of Arkansas.

March 16, 1981.


Attorney(s) appearing for the Case

Bethell, Callaway & Robertson by Edgar E. Bethell, Fort Smith, for appellant.

Daily, West, Core, Coffman & Canfield by Thomas A. Daily, Fort Smith, for appellee.


HICKMAN, Justice.

The questions raised in this appeal concern a lease provision which provides that the tenant cannot sublet the premises without the landlord's permission. The chancellor held that Arkansas law implies that consent to sublet cannot be unreasonably withheld and that the landlord so acted in this case. We disagree and reverse the decree.

The parties are the landlord-owner of the Central Mall, a large shopping complex in Fort Smith, and the tenant...

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