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ACME LAUNDRY & SUPPLY CO. v. WASHINGTON SQUARE, INC.

No. 33250.

444 S.W.2d 33 (1969)

ACME LAUNDRY, TOWEL & LINEN SUPPLY COMPANY, a Missouri Corporation, Plaintiff-Respondent, v. WASHINGTON SQUARE, INC., a Missouri Corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

July 15, 1969.

Attorney(s) appearing for the Case

David G. Dempsey, Dempsey & Dempsey, Clyton, for defendant-appellant.

Wayne L. Millsap, Bamburg & Millsap, St. Louis, for plaintiff-respondent.

CLEMENS, Commissioner.

In this declaratory judgment action the plaintiff tenant (Acme) and the defendant landlord (Washington Square) seek an interpretation of their lease concerning the amount of rental due by Acme. The dispute arises from two paragraphs in the lease. One requires Acme to pay a "minimum annual rental"; the other requires Acme to pay an "additional percentage rental" based on its gross sales but grants Acme, conditionally, a credit for rental paid...

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