Kulawitz v. Pacific Paper Company

In Kulawitz v. Pacific Paper Company (1944) 25 Cal.2d 664, defendant covenanted that during the term of the lease it would not let or permit occupation of any other space or storeroom in the same building for the purpose of conducting a furniture store. Defendant violated the restrictive covenant by permitting occupation of a store for the purpose of a furniture business in the same building. (Kulawitz v. Pacific Paper Company, supra, 25 Cal.2d 664, 667-668.) The court concluded the restrictive covenant by the defendant was essential to the beneficial enjoyment of the property by the plaintiff for the purpose intended. (Kulawitz v. Pacific Paper Company, supra, 25 Cal.2d 664, 668.)