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Remedies Keyed to Tabb, 8th
Dover Shopping Center, Inc. v. Cushman’s Sons, Inc.
Citation:
164 A.2d 785 (1960)Facts
On July 16, 1956, Dover Shopping Center and Cushman’s Sons entered into a comprehensive 29-page written lease for retail bakery space in plaintiff’s shopping center in Dover, New Jersey. The lease resulted from protracted negotiations with defendant represented by counsel and contained numerous negotiated modifications. Paragraph Third required defendant to operate its business continuously during customary business hours throughout the lease term. The lease provided for minimum annual rent of seven thousand dollars plus a percentage of gross sales exceeding the minimum. Defendant took possession on September 25, 1957, and operated the bakery while paying minimum rent. On April 4, 1959, defendant posted a sign indicating closure for alterations. After correspondence in April 1959, defendant wrote on May 1, 1959, that it was permanently ceasing operations because the enterprise was unprofitable and it would be less costly to simply pay minimum rent than continue operations. Defendant continued paying minimum rent through November 1959 but refused to reopen the store.
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