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SOUTHLAND CORP. v. D.C. BURNS REALTY & TRUST CO.

No. 22252.

444 P.2d 394 (1968)

The SOUTHLAND CORPORATION, a Texas corporation, Plaintiff in Error, v. D. C. BURNS REALTY & TRUST CO., Inc., a Colorado corporation, Trustee, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 19, 1968.

Attorney(s) appearing for the Case

E. M. Heppenstall, Thomas C. Seawell, Holme, Roberts & Owen, Richard Schrepferman, Denver, for plaintiff in error.

Lyle E. Miller, Golden, for defendant in error.

HODGES, Justice.

The sole issue presented by this writ of error is whether the trial court properly found that a lease agreement between the plaintiff in error, Southland, as tenant, and the defendant in error, Burns Realty, as landlord, prohibits the tenant from selling gasoline in conjunction with its operation of a drive-in grocery on the leased premises. Based on this finding the trial court permanently enjoined Southland from selling gasoline. From this judgment...

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