438. Licence to assign.

Where a lease requires the licence or consent of the landlord to be obtained to an assignment1, it is the duty of the vendor who agrees to assign the lease to obtain the necessary licence2. If the vendor fails to carry out this duty, he is liable to pay damages to the purchaser3. If the vendor fails to obtain a licence, the agreement to assign is not enforceable4; but, if the purchaser causes the landlord to refuse his consent, the purchaser may be liable to make any payment due under the agreement5. If the assignment is made without obtaining