Competing Tenant Not Liable Under Exclusive Right

September 27, 2009
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Facts: A real estate company and an insurance company that were joint owners of a shopping center signed a declaration creating restrictive covenants that were to run with the land on which the center was built. Under the declaration, a tenant that sold food and drugs had an exclusive right to operate a “grocery store” in the shopping center. The grocery store leased its space from the real estate company, which had purchased its share of the shopping center mainly because of this exclusive right for its tenant.

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