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§  108      TDTAVCT  fOB  TXAB8  IXHDB  A  WBfri'm  LBASE

lesnr  to  have  the  baflmen  stopped  by  an  iiyimctioii  in  equity;
his  only  remedy  is  to  tenninate  the  estate  or  to  sae  upon  the
covenants  of  the  lease."^

On  the  other  hand,  where  premises  are  leased  tor  a  par-
purpose,  such  as  selling  liquor,  there  is  no  imi^ied  con-
that  the  lessee  shall  be  aUe  to  get  a  license;  and  he  is
liaUe  for  rent  whether  he  is  aUe  to  do  business  or  not^^  And
the  same  is  true  of  premises  used  for  a  garage,  when  the  law
was  changed  so  that  the  lessee  was  dquived  of  such  use  unless
extensive  alterations  were  made.*"

The  facts  that  premises  are  described  as  "a  garage,"  that
the  lessee  agrees  to  pay  certain  expenses  of  ''conducting  said
garage,"  and  agrees  not  to  sublet  for  garage  purposes  to  a
certain  corporation,  do  not  restrict  his  right  to  use  the  premises
for  any  lawful  purpoee.^^

Where  premises  are  let  to  be  used  for  a  banking  business,
a  permission  given  by  the  lessee  to  the  adjoining  owner  to  use
the  party  wall  above  the  roof  of  the  bank  for  opening  windows
for  the  adjoining  building,  is  not  a  violation  of  the  terms  of
the  lease.**^

The  covenant  may  be  not  merely  that  the  premises  shall
be  used  for  a  certain  purpose,  but  that  they  shall  not  be  used
for  certain  kinds  of  occupation.  Such  a  provision  is  not  void
as  being  in  restraint  of  trade,  and  will  be  upheld  and  enforced
in  equity  by  injunction.^^  Thus  a  lease  providing  that  the
premises  shall  be  used  ''strictly  as  a  private  dwelling,  and
not  for  any  public  or  objectionable  purpose"  is  not  complied
with  by  using  the  premises  as  a  boarding  house,  although  the
lessor  has  consented  to  their  use  for  sleeping  rooms  in  connec-
tion with  a  school.^    On  the  other  hand,  where  it  was  pro-

"*  Browne  v.  Niles,  165  Mass.  276  (where  a  pork  business  caused  mad
and  dampness  in  a  cellar).
