Parker v. Levin

On August 25, 1931, the defendant leased to the plaintiff, for five years beginning September 1, 1931, a store at 1147 Broadway in Somerville, “to be used for the purpose of operating a delicatessen store such as is now conducted [by the plaintiff] on the premises,” and covenanted “that no other delicatessen store shall be located on the premises: viz: 1119-1147 Broadway, Somerville.” On April 26, 1932, the plaintiff brought this action for breach of the covenant. The fact was, that the defendant, on October 23, 1931, leased for five years to The Great Atlantic and Pacific Tea Company a store…