Martikian

Appellant Kyong Wan Hong (Hong) determined to do business in a small shopping center as the Glendale House of Liquor and Deli. Respondent Edward Martikian (Martikian) operated Edna’s Coffee Shop in the same shopping center. On June 3, 1983, Hong went to Martikian’s place of business, accompanied by his broker and by the shopping center landlord, for the purpose of entering into an agreement with Martikian to the effect that Hong would sell no middle eastern grocery items in his store if Martikian would sell no beer or wine in his. Martikian was willing to make such a contract and the same was then drafted by Hong’s broker and executed by the parties.

On August 1, 1983, Hong took possession of the premises designated for his establishment under a five-year lease which, inter alia, provided that: [Section 2] “Lessee is leasing the premises and will use and manage said premises exclusively for operating and conducting thereon a liquor store. Lessee agrees not to use or permit the premises to be used for any other business or purpose without first obtaining the written consent of Lessor.” (Italics added.)

[Section 35] “So long as Leasee (sic) is not in default in the…