Jos. Guidone's Food Palace, Inc. v. Palace Pharmacy, Inc.

This action was brought by plaintiffappellee, 1 who was a lessee in a small Indianapolis shopping center against the lessor, Gardner and Guidone, Inc., and another lessee, appellant, to enjoin alleged violations by the appellant of the covenants in restraint of trade contained in the leases. The trial court granted the appellee a temporary injunction pending the trial of this cause. From this order, the appellant appeals.

The evidence shows that on September 1, 1965, Palace Pharmacy entered into a ten year lease with Gardner and Guidone, Inc., which lease contained the following provision:

“Less…