Stop & Shop, Inc. v. Ganem

The defendants in this bill for declaratory relief are lessors under a percentage lease. They have appealed from the final decree in the Superior Court that ruled that the lease does not expressly or impliedly require the plaintiff, as lessee, to use the demised premises for any particular purpose or to keep the premises open and there engage in the supermarket business. Except for brief testimony which is reported, the facts were stipulated.

The lease, dated August 24,1953, demised a lot and building at 154 Merrimack Street, Haverhill, for thirteen years and six months from September 1,1953,…