Hop-In Food Stores, Inc. v. Serv-N-Save, Inc.

This is an action for trespass arising from a cooperative venture for the operation of a retail business. The dispositive question is whether one of the venturers is liable to the other for profits allegedly lost by reason of the trespass.

In November 1980, appellant Hop-In Food Stores, Inc. (Hop-In), as lessor, and appellee Serv-N-Save, Inc. (Serv), as lessee, entered into a 20-year “Special Purpose Lease” of property in Chesterfield County. According to the lease, the lessee Serv had the exclusive right to use the property for the special purpose of selling gasoline and other petroleum…