Contracts Keyed to Calamari
Stop & Shop, Inc. v. Ganem
Facts
The Plaintiff, Stop & Shop, Inc. (the "Plaintiff"), leased on August 24, 1953 from the Defendant, Ganem (the "Defendant"), a building for at least $22,000 per year. The term of the lease was 13 years. If gross sales were above $3,000,000 for a twelve-month period at this store and another, 1 ¼ % of all gross sales above $1,269,230.60 would be added to the minimum rent. The lease does not specify for what purposes the premise must be used. The Defendant was aware at the time of the lease the Plaintiff was involved in the supermarket business. Additionally, prior to August 24, 1953 the building was used as a supermarket. The Plaintiff operated the premises as a supermarket through 1962 and paid a percentage in only two of those years. The Plaintiff, shortly after January 1, 1963, sought to stop operating a supermarket under the lease, but to continue paying the minimum rent.
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