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HARDEE'S FOOD SYSTEMS, INC. v. BOWERS

44974.

121 Ga. App. 316 (1970)

173 S.E.2d 439

HARDEE'S FOOD SYSTEMS, INC. v. BOWERS.

Court of Appeals of Georgia.

Decided February 17, 1970.

Rehearing Denied March 6, 1970.

Attorney(s) appearing for the Case

Young, Thompson, Redmond & Young, W. H. Young, Jr., for appellant.

Swift, Pease, Davidson & Chapman, W. M. Page, Max R. McGlamry, for appellee.

JORDAN, Presiding Judge.

This is a declaratory judgment action brought by a tenant, Hardee's Food Systems, Inc., against its landlord, Lloyd G. Bowers, Inc., to ascertain the meaning and application of the provisions of a lease requiring payment of a portion of the rent in common stock of the tenant corporation. The provisions are as follows: "2. Section 3B of the aforesaid rental agreement is hereby amended so as to read as follows: B. Percentage Rental. In addition...

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