Reference no: EM133212315

On April 3, 2020, Mr. Barash entered into negotiations with Suburban Properties Inc. to rent space in a shopping center for a candy store. Oral discussions preceded the signing of the lease. In these discussions, the landlord expressed his distaste for tobacco or tobacco products in the candy store and in return the landlord would give Barash exclusive rights to run a candy store in the building. On April 4, 2020, a three-year lease was signed. The lease contained a provision that the tenant would "use the premises only for the sake of candy, soda and newspapers etc. and Barash is barred from selling tobacco in any form. The lease did not contain any clause granting Barash exclusive rights. After the lease was signed, the parties on April 6, 2020, entered into further negotiations and Barash wrote Suburban a letter that he agreed not to sell any liquor products either. On April 10, 2020, suburban rented space in the same shopping center to a candy company without restricting such company's rights to sell "soda, candy and newspapers etc." because of the competition, Barash lost a lot of money,

Further, Barash started selling liquor. accordingly, Mr. Brash instituted suit against suburban alleging that because of the agreements of April 3 Suburban breached its contract by leasing to the candy company. Suburban countersued claiming that the selling of liquor by Barash was a breach of contract. Discuss the issues and who wins.