Edwin R. Sage Co. v. Foley

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 by a so-called ‘chain’ supermarket company which operates ten (10) or more outlets . . . .” Other tenants or lessees are permitted, however, to sell food or food products for…