STOP & SHOP, INC. v. GANEM


347 Mass. 697 (1964)

200 N.E.2d 248

STOP & SHOP, INC. vs. A. JOHN GANEM & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 26, 1964.


Attorney(s) appearing for the Case

Raymond M. Sullivan for the defendants.

Nathan T. Wolk for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & REARDON, JJ.


WHITTEMORE, J.

The defendants in this bill for declaratory relief are lessors under a percentage lease. They have appealed from the final decree in the Superior Court that ruled that the lease does not expressly or impliedly require the plaintiff, as lessee, to use the demised premises for any particular purpose or to keep the premises open and there engage in the supermarket business. Except for brief testimony which is reported, the facts were stipulated.

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