In an action to dispossess defendants of certain leased property, plaintiff alleged that defendants breached an express covenant in the lease by which defendants covenanted that they would use the premises for a store, and would not use the premises "for any unlawful business or purpose whatever." Defendants used the premises for a general mercantile store, operating under the trade name "Stop 'N Shop." In so doing, defendants failed to comply with a statute which provided that "It shall be unlawful for any person to engage in a business . . . under any name which does not plainly show the true surname of each person interested in the business" unless there shall first be filed a statement showing the name, address, etc., of the persons interested in the business. Held, defendants have violated the covenant. American Legion Holding Corporation v. Hurowitz, (S.D. 1947) 30 N.W. (2d) 9.
Bruce L. Moore S.Ed.,
LANDLORD AND TENANT-LEASE COVENANT AGAINST UNLAWFUL BUSINESS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol46/iss6/20