Harper's Smart Shops, Inc. v. Bruce

CRAHAN, Judge.

Defendants, Bill Bruce and Woodsmill Management Company, appeal from an order of the Circuit Court of St. Louis County permanently enjoining their co-defendants, Mr. and Mrs. Chin Kim, from selling certain designated women’s wear at the North Oaks Plaza Shopping Center in violation of an exclusivity clause in Plaintiff’s lease. Plaintiff, Harper’s Smart Shops, Inc. (“Harper’s”) cross-appeals on the ground that the trial court’s order improperly restricts the scope of its exclusivity clause. We dismiss both the appeal and the cross-appeal.

In July, 1983, Harper’s entered into a…