A percentage rental clause in a commercial lease calculated on gross receipts from business activities carried on at the leased premises is a covenant that touches and concerns the land and runs with the land, enforceable by successor landlords. Silence by a purchaser's director during a conversation about lease terms does not constitute a representation for estoppel purposes where the director had not formed any view on the meaning of the relevant clause. Rectification of a lease against a subsequent purchaser requires proof of fraud, even under the extended concept in Bahr v Nicolay. The existence of an unresolved counterclaim does not preclude summary judgment; the court may grant judgment and stay execution pending trial of the counterclaim.
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