Cloverland Farms Dairy, Inc. v. Fry

MURPHY, Chief Judge.

The question presented is whether the term “gross sales,” used in a retail food store lease to determine the amount of additional percentage rent to be paid by the lessee, included the gross receipts realized from the lessee’s sale of lottery tickets.

I

On August 29, 1969, Cloverland Dairy Farms, Inc. leased land in Anne Arundel County from Alfred J. Fry, Jr. for a term of forty years. The lease provided that Cloverland would construct a building on the property to be used “for the conduct and operation of a retail food store, including as products farm and milk products and…