Whether a landlord, who had agreed to receive such sub-tenants as he should be content with, was entitled to refuse entirely and arbitrarily?
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A tack being set to a man, his heirs, and sub-tenants, whom the setter should be content with and accept of allenarly, secluding his assignees; and the tacksman having made a sub-set without the heritor's concurrence, the question occurred, What was the import of the above clause, whether it entitled him arbitrarily to with-hold his consent; or if he was obliged to give reasons for his dissent, to be judged of secundum arbitrium boni viri? This debated but not ultimately determined.