PRAGER'S, INC. v. BULLITT CO.

No. 2-39430-1.

1 Wn. App. 575 (1969)

463 P.2d 217

PRAGER'S, INC., Respondent, v. BULLITT COMPANY, Appellant.

The Court of Appeals of Washington, Division One, Panel 2.

December 29, 1969.


Attorney(s) appearing for the Case

Riddell, Williams, Voorhees, Ivie & Bullitt and J. Vernon Williams, for appellant.

Monheimer, Schermer, Van Fredenberg & Smith, John M. Schermer, Melville Monheimer, Jr., and Stephen P. Ryder, for respondent.


STAFFORD, J.

This dispute involves a lease. Bullitt Company, the defendant-lessor, appeals from a decision that the lease was modified to eliminate a clause (hereinafter called the "recapture clause") which gave the lessor an option to cancel the lease if the lessee failed to achieve certain annual gross sales within 3 years. Bullitt also challenges the determination that Prager's, Inc., the plaintiff-lessee, paid rent higher than required by the modified lease. The...

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