General Teleradio, Inc. v. Mount Washington Summit House, Inc.

CONNOR, District Judge.

This action, filed pursuant to Title 28, U.S.C. § 2201, came on to be heard on plaintiff’s motion for separate trial under Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the issue of whether the first sentence of paragraph 2 of a certain lease, hereinafter set forth, constitutes a negative covenant restricting the uses of the demised premises to those specified in said sentence, as contended by the defendant lessor, Mount Washington Summit House, Inc., or is merely a non-exclusive statement of permissive uses, as contended by the plaintiff lessee.…