This section contains the nature of the case and procedural background.

Mutual (P) leased property to Tailored (D) for ten years from October 1, 1939. The lease called for a fixed rental and 4% of the gross in excess of $1,200,000 per year in sales. That contract called for the sale of all types of wearing apparel worn by women or carried by women. D then leased more space on the fifth floor of the building for one year and four months from June 1, 1945. That lease called for a fixed rental and called for the sale of all types of wearing apparel worn by women or carried by women. D then moved his fur department from the previous space without notice to P and transferred that department to the upper fixed lease premises. P sued. D won, and P appealed.

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