Weinberg (P) and Edelstein (D) operated retail stores in the same building. P's lease enabled him to sell certain items of lady’s apparel, and the landlord covenanted that P had exclusive rights to such items for sale in the building. D obtained his lease by assignment, and it included certain items of lady’s apparel made with the approval and acceptance of P. D then displayed matching skirts and blouses. P claimed that in reality, they were two-piece dresses, which were prohibited under the covenants. P sued.

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