Dover Shopping Center, Inc. v. Cushman's Sons, Inc.

Cushman's Sons (defendant), a bakery, signed a 1956 lease with Dover Shopping Center (plaintiff) requiring it to operate during customary hours and keep an attractive storefront, with rent set as a minimum plus a percentage of gross sales, and a clause letting Dover seek an injunction for breach. Cushman's opened in 1957 but in 1959 told Dover it was permanently closing the store as unprofitable, though it would keep paying the minimum rent. Dover sued for a mandatory injunction forcing Cushman's to reopen and stay open during business hours with staff present; the trial court granted it, expressly declining to dictate how Cushman's ran the business or what it sold. Cushman's appealed, arguing damages would be adequate and that ongoing court supervision of business operations is inappropriate for specific performance.