Middleton v. Wallichs Music & Entertainment Co.

OPINION

HAIRE, Chief Judge,

Division 1.

On this appeal we are required to determine whether the trial judge erred in directing a verdict against appellants’ claim for intentional interference with appellants’ claimed rights under a restrictive competition covenant in the lease. The covenant in question reads as follows:

“Lessor hereby covenants and agrees that it will not enter into a lease with any tenant if the tenant is primarily engaged in a television, radio and high-fidelity sales and service business.”

The lessor sued the tenant (appellants) for amounts due under the lease provisions. 1 The…