Richland Mall has rented retail space to a tenant, Better Ice Cream. After being in the space for several months, Better sells its business to Even Better Ice Cream and assigns its lease to Even Better Ice Cream. The assignment contains an assumption of lease obligations by Even Better. The ice cream business at the mall starts to melt and Even Better defaults on the lease. The landlord, Richland Mall, wants to sue both Better Ice Cream and Even Better Ice Cream for the delinquent rent. Will it be successful?
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