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FREDERICK BUS. PROPERTIES v. PEOPLES DRUG

No. 21806.

445 S.E.2d 176 (1994)

191 W.Va. 235

FREDERICK BUSINESS PROPERTIES COMPANY, a Corporation, Plaintiff Below, Appellant, v. PEOPLES DRUG STORES, INC., a Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 20, 1994.

Attorney(s) appearing for the Case

Charles F. Printz, Jr. and David A. DeJarnett, Bowles, Rice, McDavid, Graff & Love, Martinsburg, for appellant.

Patrick J. Nooney, Steptoe & Johnson, Hagerstown, MD, for appellee.

BROTHERTON, Chief Justice:

In this case, we are asked to determine whether a commercial lease agreement contained an express or implied covenant of continuous use which obligated the appellee, Peoples Drug Stores, Inc., to continue to operate its drug store on the demised premises during the lease term and to pay percentage rentals to the appellant, Frederick Business Properties Company.

An agreed statement of facts submitted by the parties explains that on...

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