Plaintiff's cause of action is based upon a written lease covering the period from August 1, 1951 to July 31, 1956 containing a fixed minimum rental of $6,000 and an additional percentage rental of 3 per cent of the amount by which the gross sales made during each year of said term shall exceed the amount of $120,000 a year. The lease in question is a renewal of a prior lease containing the same terms, except that the base rental...
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