Answer to Question 1
Commercial lease terms
The court accepted the defendants' arguments and granted an injunction on that basis. Winn-Dixie appealed to a state intermediate appellate court, which reversed the lower court's decision and remanded the case for a revision of the injunction. The appellate court explained that groceries are generally defined as articles of food and other goods sold by a grocer,' and a grocer is defined as a dealer in staple food stuffs . . . and many household supplies (as soap, matches, paper napkins).' Winn-Dixie negotiated its lease with the promise that another purveyor of items like soap, matches, paper napkins, and such, would be quite limited in its ability to compete. It has the right to enjoy the benefits of its agreement. Similarly, one can only assume that the 99 Cent Store negotiated its lease with the promise that its sale of items such as soap, matches, paper napkins would be severely limited. To permit the unfettered sale of those items limited by the terms of its lease, would create a windfall for that store. As for the 500-square-foot limit, the court stated, Limiting the amount of sales area to just the footprint' of the actual fixtures is not a reasonable construction of the clause at issue. Shoppers do not ar-rive by chopper, sending ropes down to hoist up their purchases. Shoppers make their choices while standing in aisles and the 500 square feet provided for in the leases at issue obviously contemplated customers viewing and purchasing products from such aisles.
Answer to Question 2
e
