Sun Drug Co. v. West Penn Realty Co.

Concurring and Dissenting Opinion by

Mr. Justice Cohen:

In this case we are called upon to construe three restrictive covenants—one in each of three leases—by which plaintiff, Sun Drug Company, Inc. (Sun) rented storerooms in various shopping centers near Pittsburgh. By a written lease of October 27, 1961, Sun rented a storeroom in the Eastland Shopping Center. Paragraph 8 of the lease provides in part: “During the term of this Lease, or any renewal or extension hereof, Landlord will not let or permit any Storeroom in the Shopping Center, or any other land controlled by landlord, either…