Abernathy v. Adous

Abernathy (defendant) leased property to GPI, which executed a 'Sublease Agreement' with Quaran that was later assumed by Abdulazize Adous (plaintiff). When GPI became insolvent, Abernathy terminated the lease and demanded surrender of the property. Adous, who was current on rent, sued for specific performance.

Whether the determination of whether a transferred leasehold interest is an assignment or a sublease depends on the intent of the parties.