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CLOVERLAND, INC. v. FRY

No. 29, September Term, 1990.

322 Md. 367 (1991)

587 A.2d 527

CLOVERLAND FARMS DAIRY, INC. v. ALFRED J. FRY, JR.

Court of Appeals of Maryland.

Motion for Reconsideration Denied May 3, 1991.

Attorney(s) appearing for the Case

Nathan Patz, Alan Abramowitz, Baltimore, on brief, for petitioner/cross respondent.

David A. Simison, Millersville, for respondent/cross petitioner.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ.

MURPHY, Chief Judge.

The question presented is whether the term "gross sales," used in a retail food store lease to determine the amount of additional percentage rent to be paid by the lessee, included the gross receipts realized from the lessee's sale of lottery tickets.

I.

On August 29, 1969, Cloverland Dairy Farms, Inc. leased land in Anne Arundel County from Alfred J. Fry, Jr. for a term of forty years. The lease provided that Cloverland would...

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