THE CITIZENS BANK & TR. v. BARLOW CORP.

[No. 54, September Term, 1982.]

295 Md. 472 (1983)

456 A.2d 1283

THE CITIZENS BANK & TRUST COMPANY OF MARYLAND v. THE BARLOW CORPORATION

Court of Appeals of Maryland.

Decided March 3, 1983.


Attorney(s) appearing for the Case

Sidney G. Leech and Anthony Cipiti, Jr., with whom were Cleaveland D. Miller and Semmes, Bowen & Semmes on the brief, for appellant.

M. Michael Cramer, with whom were Benjamin A. Klopman and M. Michael Cramer, Chartered on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


RODOWSKY, J., delivered the opinion of the Court.

This case presents the question under a commercial lease to a corporate tenant of whether the merger of the tenant into another corporation violates a nonassignment clause which expressly includes assignments by operation of law. We shall hold that the nonassignment clause was breached.

The problem arises out of the merger of Century National Bank, a national banking association (Century), into The Citizens...

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