In Weil v. Ann Lewis Shops, Inc., 281 S.W.2d 651, 653 (Tex. App.-San Antonio 1955, writ ref'd), the lessor sought damages as a result of the tenant's failure to use leased property as a retail store. The lease provided that the occupancy and use was to be "for the conducting of a retail store for the sale of 'Ladies', Misses' and Children's ready to wear and accessories and not otherwise,'" and gave a percentage of the store's profits as additional rent. In fact, the leased premises were never occupied and the store never opened, but the tenant did pay the base rent under the lease. The Court held that this language did not expressly impose an obligation to use the premises as a store, but rather was a restrictive covenant not to use the property for any other purpose. Id. at 654. The Court concluded that "'a provision in a lease that the premises are to be used only for a certain prescribed purpose imports no obligation on the part of the lessee to use or continue to use the premises for that purpose; such a provision is a covenant against a noncomplying use, not a covenant to use.'" Id.