Carl A. Schuberg, Inc. v. Kroger Co.

Pláintiff is the owner of premises leased by defendant, Kroger Company. In the 1950’s plaintiff planned to develop a shopping center on its property. It specifically sought a grocery store as a nucleus for the center. After extensive negotiations, in 1957, Kroger Company and plaintiff entered into an agreement whereby plaintiff was to build a grocery store on the land, which defendant would occupy.

Defendant was to pay plaintiff $980 per month for 10 years. The additional terms of the lease prohibited plaintiff from selling or leasing any property it owned, within a mile of the shopping…