ARNO ENTERPRISES, INC., A CORPORATION, APPELLANT,
v.
NATHIDA, INC., A CORPORATION, APPELLEE
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The court held that the sale of sexual devices in a storeroom leased for the purpose of operating a bookstore constituted a breach of the lease agreement.
Appellant leased a storeroom from appellee for the purpose of operating a bookstore. The lease restricted the use of the premises to selling books, ma…
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SPECTOR, Acting Chief Judge.
Appellant seeks reversal of a final judgment holding that it breached its lease on a storeroom it rented from appellee for the purpose of operating a bookstore. We agree with the final judgment and affirm. The lease agreement contained the following provision with respect to the premises :
“. . .' to be used and occupied by the Lessee as sale of books, magazines, and other related items and for no other purpose or uses whatsoever. . . . ” (Emphasis supplied)
The evidence adduced before the trial judge supported the trial court’s finding that the appellant-lessee sold not only books and magazines and related items in the leased premises but also continuously exhibited and sold sexual devices of various types and various instruments for masturbation. The court expressly found that the sale of such devices did not constitute the sale of books, magazines and other related items and that the sale of such items resulted in a breach of the lease by the appellant, requiring the cancellation of the lease.
Affirmed.
BOYER and McCORD, JJ., concur.