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HOP-IN FOOD STORES v. SERV-N-SAVE

Record No. 930340.

440 S.E.2d 606 (1994)

HOP-IN FOOD STORES, INC. v. SERV-N-SAVE, INC.

Supreme Court of Virginia.

February 25, 1994.

Attorney(s) appearing for the Case

Gregory L. Lyons, Roanoke (Gerald A. Dechow, David O. Williamson, Moss & Rocovich, on brief), for appellant.

Bradley D. McGraw, Roanoke (David B. Hart, Robert A. Mullen, Wooten & Hart, on brief), for appellee.

Present: All the Justices.

COMPTON, Justice.

This is an action for trespass arising from a cooperative venture for the operation of a retail business. The dispositive question is whether one of the venturers is liable to the other for profits allegedly lost by reason of the trespass.

In November 1980, appellant Hop-In Food Stores, Inc. (Hop-In), as lessor, and appellee Serv-N-Save, Inc. (Serv), as lessee, entered into a 20-year "Special Purpose Lease" of property in Chesterfield County...

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