EDWIN R. SAGE CO. v. FOLEY


12 Mass. App. Ct. 20 (1981)

421 N.E.2d 460

EDWIN R. SAGE COMPANY vs. JOAN L. FOLEY & another, trustees.

Appeals Court of Massachusetts, Suffolk.

June 2, 1981.


Attorney(s) appearing for the Case

Robert M. Gault (Elizabeth B. Burnett with him) for the defendants.

Robert T. Harrington for the plaintiff.

Present: HALE, C.J., GREANEY, & KASS, JJ.


GREANEY, J.

Edwin R. Sage Company (Sage) operates a retail food store in Belmont in premises leased from the defendant trustees. Sage's lease contains a covenant which prohibits the trustees, as long as the lease remains in effect, from renting or leasing any other space to another tenant or lessee whose principal business is selling retail food products unless the space is leased "for the operation of a single supermarket...

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