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BENJAMIN'S OF DOVER, INC. v. JARDEL CO.

289 A.2d 642 (1972)

BENJAMIN'S OF DOVER, INC., a Delaware corporation, Plaintiff, v. JARDEL CO., Inc., a Delaware corporation, Defendant.

Court of Chancery of Delaware, Kent.

February 28, 1972.

Attorney(s) appearing for the Case

William S. Hudson, Dover, for plaintiff.

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for defendant.

SHORT, Vice Chancellor:

Plaintiff-lessee seeks an order enjoining defendant-lessor from leasing space in defendant's shopping center to a proposed lessee in alleged violation of a restrictive covenant in plaintiff's lease. This is the decision after final hearing.

On May 27, 1968 plaintiff and defendant entered into a lease of space in defendant's Blue Hen Mall (Mall) at Dover, Delaware for a term of 15 years subject to renewal. The lease provided that plaintiff...

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