Keith Hardware, Inc. v. White

OPINION

FRANKS, Judge.

The issue on this interlocutory appeal granted pursuant to T.R.A.P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Since 1994, appellant has been a tenant in appellees’ shopping center, and the lease contains the following clause:

*501During the term of this Lease, the Tenant shall have the exclusive and sole right to operate a retail store in the shopping center, the principal business of which is the selling of any one of the following classes of merchandise, to wit: hardware, housewares, automobile supplies,…