Question
The judge has a written lease before her.It contains printed standardized language, typed-in language, and some handwriting on it.There is a dispute over the contract's
The judge has a written lease before her.It contains printed standardized language, typed-in language, and some handwriting on it.There is a dispute over the contract's interpretation.The language in issue is:
(Printed Standardized Language)"Assignment and Subletting:The premises shall not be assigned or sublet by the Lessee without the prior written consent of the Lessor."
(Typed-in Language) The Lessee may assign the lease provided Lessee remains fully liable under the Lease.
(Handwritten portion initialed by Lessor and Lessee) This lease may not be assigned under any circumstances.
The Lessee assigned the lease.The Lessor sued the Lessee for breaching the Lease.The Lessor was asked on the stand if the sub-lessee presented a credit risk to the Lessor and the Lessor answered, "No."
Who should the judge rule for and why?
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