CH 24: MacDonald Group, Ltd., owned and operated the FresnoFashion Fair Mall and leased space to Edm

CH 24: MacDonald Group, Ltd., owned and operated the FresnoFashion Fair Mall and leased space to Edmond’s, a California retailjeweler. The lease contained a covenant that limited MacDonald toone additional jewelry store as a tenant in the mall. The lease wasentered into in 1969. In 1978, MacDonald was involved in theconstruction of an expansion to the mall and began negotiations toinclude a retail jeweler in the new space. Edmond’s objected andbrought suit. The covenant provides that only two jewelry storeswould be tenants in the Fresno Fashion Fair Mall. The expansionwould still be part of Fresno Fashion Fair Mall and would not havea separate name. Would the covenant apply to the new addition tothe mall? What is a covenant? What is a fair conclusion?Accordingto law. . . .

 

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