Southland Corp. v. D. C. Burns Realty & Trust Co.

The sole issue presented by this writ of error is whether the trial court properly found that a lease agreement between the plaintiff in error, Southland, as tenant, and the defendant in error, Burns Realty, as landlord, prohibits the tenant from selling gasoline in conjunction with its operation of a drive-in grocery on the leased premises. Based on this finding, the trial court permanently enjoined Southland from selling gasoline. From this judgment, Southland prosecutes this writ of error claiming that the lease agreement does not restrict it from selling gasoline on the leased premises.

The…