Gianni v. Russell Co., Inc.

Opinion by

Mr. Justice Schaefer,

Plaintiff had been a tenant of a room in an office building in Pittsburgh wherein he conducted a store, selling tobacco, fruit, candy and soft drinks. Defendant acquired the entire property in which the storeroom was located and its agent negotiated with plaintiff for a further leasing of the room. A lease for three years was signed. It contained a provision that the lessee should “use the premises only for the sale of fruit, candy, soda water,” etc., with the further stipulation that “it is expressly understood that the tenant is not allowed to sell tobacco in…