LIPPMAN v. SEARS, ROEBUCK & CO.

Docket No. L.A. 23327.

44 Cal.2d 136 (1955)

280 P.2d 775

LAZARD LIPPMAN, Respondent, v. SEARS, ROEBUCK AND COMPANY, Appellant.

Supreme Court of California. In Bank.

March 8, 1955.


Attorney(s) appearing for the Case

John L. Wheeler, John J. McCue and Lewis Watnick for Appellant.

Mark L. Herron, Fred Horowitz and Alvin F. Howard for Respondent.


EDMONDS, J.

The rental agreed to be paid by Sears, Roebuck and Company for a building leased to it by Lazard Lippman was $285 per month and an additional amount based upon the total sales made by the lessee. The appeal of the lessee from an adverse judgment presents for decision the question as to the amount of rent a lessor is entitled to receive under a "percentage," lease from a tenant who discontinues the use of demised...

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