| ICSC Legal Database - Cases | Monday, February 22, 1999 05:01 PM |
| Citation: |
| Addison County Automotive, Inc. v. Church, 144 Vt. 553, 481 A. 2d 402 (1984). |
| Issue: |
| Whether lease giving lessee exclusive right to sell automotive accessories entitles lessee to damages where |
| lessor leased portion of building to firm selling auto parts and accessories, even though sale of auto accessories |
| was incidental to lessee s primary business of rustproofing. |
| Facts: |
| Plaintiff operates an automobile rustproofing business in Middleburg, vat and incidental to it, sells auto |
| accessories. The property consists of two buildings, one fronting on the street and the other set back. Plaintiff |
| occupied the street front building until 1981 when it sold both buildings to defendants and continued its buisness |
| under a lease from defendants in the rear building which gave plaintiff the exclusive right at the "Location" to |
| operate its utomotive accessories, rustproofing, etc. busine ss and stated that defendants would not allow any |
| other person to sell such items or services at the location. Subsequently, defendants leased a portion of the |
| front building to a business selling over 3,000 types of auto parts, at least four of which com peted with plaintiff. |
| Plaintiff's sales of auto accessories dropped significantly and plaintiff brought suit against defendants based on |
| violation of its exclusive right to sell automotive accessories. The Trial Court awarded damages to plaintiff and |
| Holding: |
| Affirmed. When the terms of a restrictive covenant are clear and definite, the construction of the covenant is a |
| matter of law for the Court. The Trial Court did not err in refusing to submit the lease to the jury for its |
| Classification 1: |
| Landlord and Tenant |
| 00111 - Legal Update - Winter 1984 |
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