Frederick Business Properties Co. v. Peoples Drug Stores, Inc.

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 March 31, 1965, Del Ankers and John Manfuseo, Jr., as lessors, and Peoples Drug Stores, Inc., a West Virginia corporation, as lessee,…