… [The] Panera [Bread Co. bakery-and-cafe chain] has a clause in its lease that prevents the White City Shopping Center in Shrewsbury from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill.
But Superior Court Judge Jeffrey Locke cited Webster’s Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba’s burritos and other offerings are not sandwiches.
The difference, the judge ruled, comes down to two slices of bread versus one tortilla.
“A sandwich is not commonly understood to include burritos, tacos and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans,” Locke wrote in a decision released last week. …
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At last, we can do some other than chicken.
IIRC, I was actually teaching contracts the semester this opinion came out. Not sure if we had covered the “What is chicken” case.