Posted on 11/10/2006 11:34:05 AM PST by Froufrou
Mexicans call meat on bread a torta, but torta in Spanish actually means cake, so we have a whole nuther discussion - is a torta a sandwich or a cake? Let's ask the judge.
And gateau in French is cake, but gato in Spanish is cat...
I'm so confused...
Whatever you do, just don't eat the taco de gato!
Quiznos makes a very addictive french dip sandwich.
I work for American Greetings.....try and find an American Greeting store and a Hallmark store in the same mall or near one another in any way.
It just doesnt happen.
I was about to say the same thing. Of all the sandwich places in town they are dead last on my list to go to.
American Greetings are hard to find in TX.
And people wonder why cynicism is at an all time high...
The next time I go to Panera, I think I'll order the bean and rice sandwich.
We had a local place get sued over 'stealing' Fuddrucker's ambiance. I don't know it they won.
Whomever wrote the contract is at fault. There was no need to limit the exclusivity clause to sandwich shops--they could have done all restaurants, or whatever. The judge seems to have looked at the 1) language of the contract, 2) the past dealings of the parties, and 3) trade usage. It doesn't matter if the man on the street would consider a burrito a sandwich, it depends on what those in the business would do. The judge seems to have considered that.
... and therefore doesn't qualify for valuable federal sandwich development subsidies ...
We are also Carlton Cards...do you have any of those stores in the vicinity?
The products but not any stores that I know of. Truth is, I can only think of two or three Hallmarks.
The bottom line is a mexican burrito store is not a sandwich store.
True.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
"Yep just some dumbass judge trying to be cute. The burrito shop easily violates the spirit of what these agreements are for. They are as common as dirt and are meant to protect businesses from having competition from being moved in right next door. It clearly reduces the value of the lease."
Try this. I have been down this road, as a business owner with exclusive clause, and as a real estate broker.
The clause is intended to protect the one business, assuming a direct competitor in the center would reduce the first's business volume.
The opposing view is this: A center that becomes seen, in this case, as an eating destination, strengthens the business prospects for eating establishments.
In this case, I expect the landlord will prevail, with the judge allowing the lease to the burrito shop to stand.
Had the lessee wanted protection against a wider range of competitors than sandwich shops, he could have asked for such language in the lease. You have to define the spirit with words.
Tacos occasionally use two tortillas, yet they remain tacos and do not become sandwiches. (Reference El Pollo Loco, Tacos al carbon. Two corn tortillas, roasted chicken, onions, cilantro, pico de gallo, wrapped in foil).
In California, sandwiches are sandwiches and tacos are tacos. The line between a burrito and a soft taco may be a finer line. We may get a lot of things wrong, but we know our food.
Can't stop LMAO!
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