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LOWENSTEIN v. BECKTOLD CO.

No. 42478.

246 S.W.2d 780 (1952)

LOWENSTEIN v. BECKTOLD CO.

Supreme Court of Missouri, Division No. 2.

March 10, 1952.

Attorney(s) appearing for the Case

Earl Susman, Herman Willer, Gerald A. Rimmel and Susman, Mayer & Willer, all of St. Louis, Joseph A. Hoskins, Morelock, Hoskins & King, all of Kansas City, for appellant.

Rassieur, Long & Yawitz, Milton Yawitz and Robert H. Batts, all of St. Louis, for respondent.

BOHLING, Commissioner.

Louis Lowenstein instituted this action against Becktold Company, a corporation, for a declaratory judgment to determine the interpretation of the term "net profits" in a lease which, after providing for a base rental, provided for an additional yearly rental of 15% of the amount by which net profits exceeded $15,000. Plaintiff, in his petition, sought a declaration that the additional yearly rental should be paid upon the net profits ("net...

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