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Contracts Keyed to Calamari
Swartz v. War Memorial Commission of Rochester
Facts
The Plaintiff, Swartz (the "Plaintiff"), entered into a contract with the Defendant, War Memorial Commission of Rochester (the "Defendant"), for the right to exclusively provide food and refreshments at the Defendant's sports arena. At the time of the contract, the Defendant did not allow for the sale of beer and ale in the arena, but if at some time in the future the ban was lifted the Plaintiff would have the right to make such sales. On November 15, 1965, the Defendant lifted the ban on the sale of beer, but the Plaintiff chose not to sell alcoholic beverages. One provision of the contract required the Plaintiff to obtain all necessary permits or licenses. On November 30, 1965, the Defendant issued an ultimatum and told the Plaintiff if they did not make an application to sell beer and ale within 30 days, the Plaintiff would not be allowed to sell anymore concessions in the building. The Plaintiff brought an action for declaratory judgment to clarify his rights under the contract.
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