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SCOOPER DOOPER, ETC. v. PROVIDENCE DEVEL.

No. 3994 of 1968.

46 Pa. D. & C. 2d 230 (1968)

Scooper Dooper Ice Cream Shops, Inc. v. Providence Developers, Inc.

Common Pleas Court of Delaware County, Pennsylvania.

July 17, 1968.

Attorney(s) appearing for the Case

John C. Smith, for plaintiff.

Rodger L. Mutzel, for defendant.

DEFURIA, J., July 17, 1968.

Plaintiff is the lessee of one store of a small, typical "shopping center" complex in Upper Darby, Delaware County. The use provision of the lease of August 31, 1967, permits plaintiff to operate a restaurant on the premises. Plaintiff's lease with defendant contains a restriction against competition. Such restrictions against trade are usual and common, since a shopping center needs diversity of types of business to attract customers...

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