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BAYSIDE CORP. v. VIRGINIA SUPER FOOD FAIR STORES, INC.

128 S.E.2d 263 (1962)

203 Va. 908

BAYSIDE CORPORATION v. VIRGINIA SUPER FOOD FAIR STORES, INC.

Supreme Court of Appeals of Virginia.

December 3, 1962.

Attorney(s) appearing for the Case

Bertram S. Nusbaum, R. J. Alfriend, III, Norfolk (Nusbaum & Alfriend, Norfolk, on brief), for appellant.

Alan G. Fleischer, Richmond (Miles Cary, Jr., Hirschler & Fleischer, Richmond, on brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

WHITTLE, Justice.

Bayside Corporation, hereinafter called Bayside, filed a motion for a declaratory judgment pursuant to Chapter 25, Title 8, Code of Virginia, 1957 Replacement Volume, against Virginia Super Food Fair Stores, Inc., hereinafter called Food Fair, in which it prayed for an adjudication that certain language in a contract of lease be held illegal and unenforceable, in which motion it was contended that under the contract Food Fair "never acquired any...

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