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FAIRLAWN PLAZA DEVELOPMENT, INC., v. FLEMING CO., INC.

No. 46,651

210 Kan. 459 (1972)

502 P.2d 663

FAIRLAWN PLAZA DEVELOPMENT, INC., Appellant, v. THE FLEMING CO., INC., Appellee.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

Robert R. Irwin, of Irwin, Irwin & Schowengerdt, of Topeka, argued the cause and was on the brief for the appellant.

Terry Bullock, of Cosgrove, Webb & Oman, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an action for a declaratory judgment to construe the terms of a shopping center "Build and Lease Agreement." The lease provides for payment of rents based on a percentage of gross sales of the lessee's supermarket if the percentage amounts to a sum greater than the minimum fixed cash rent agreed upon.

Defendant's sublessee operates a bakery on the premises. The question in the case is whether...

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