Lincoln Tower Corp. v. Richter's Jewelry Co.

THOMAS, J.:

In the lower court the pivotal point in controversy was the enforceability of a covenant, which we will presently quote, in a lease executed by appellant, as lessor, and appellee, as lessee. The property was one of a block of stores rented mostly to merchants of national repute and all the leases had a provision similar to, if not identical with, the one under study. Rental paid by a majority of the tenants was computed on a percentage basis, that is, it fluctuated to some degree in proportion to the sale of merchandise.

The particular renter, who is the lessor’s adversary in this…