Utica Square, Inc. v. Renberg's Inc.

WILLIAMS, Justice.

The principal question to be decided in this appeal is whether a lease executed by a lessor to a third party violated a restrictive covenant in a prior lease executed by such lessor.

Defendant in error, Renberg’s Inc., a corporation, hereinafter referred to as Ren-berg’s, instituted this action for injunction against plaintiffs in error, Utica Square, Inc., a corporation, and Clarke’s Good Clothes, Inc., a corporation, hereinafter referred to respectively as Utica Square and Clarke’s.

Renberg’s in its amended .petition alleged that on August 11, 1955, it leased space from…