(DOWNLOAD) "Stop & Shop v. A. John Ganem & Others" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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eBook details

• Title: Stop & Shop v. A. John Ganem & Others
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 26, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Under a long term, apparently complete lease of market premises to an operator of markets providing for payment of a substantial
"minimum rental" not shown to be significantly below the fair rental value of the property, and of a further rent of a percentage
"of all gross sales" above a stipulated amount made by the lessee on the leased premises, there was no implied covenant that
the lessee would operate a market on the leased premises and nothing to preclude the lessee from ceasing to operate a market
there when its business judgment dictated such course. [704-705] In a suit by a lessee against the lessors of market premises for a declaratory decree that there was no implied covenant
in the lease that the lessee would operate a market on the leased premises, where the lease provided for payment of a substantial
"minimum rental" and a further rent of a percentage "of all gross sales" above a stipulated amount made by the lessee on the
leased premises, the burden was on the lessors to show that the "minimum rental" was so far below the fair rental value of
the leased premises as to support an implication of such covenant. [703]

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