Congressional Amusement Corp. v. Weltman

CAYTON, Chief Judge.

Appellant sued for possession of store property, charging that the lessees had violated their lease by discontinuing the operation of a liquor store in the premises. The lease was for three years ending November. 30, 1947. This is the covenant allegedly violated:

“That he will use said premises for the sale of alcoholic beverages and other items usually associated with the sale of liquor for “Off Sale” consumption and for no other purpose whatsoever.”

Defendants filed an answer denying that they had violated the covenant and stating that the covenant was intended only to…