This section contains the nature of the case and procedural background.

P and D entered into a lease on 14 September 1976. P was the landlord and D was the tenant. The lease was for five years for a rental sum of $172,040 payable in equal monthly installments of $2,867.33. The premises were leased only as a physicians' office and for a dialysis unit and the lessee was prohibited from assignment or sublet without written permission. D occupied the premises and then eventually moved out on 22 May 1980. D asked permission to sublet to a medical supplied company, and P refused. P then sued D for the rent due on 17 September 1980. Summary judgment was given P and D appealed.

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