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NORTHCUTT LUMBER CO. v. GOLDEEN'S PENINSULA, INC.

Docket No. 30070.

30 Cal.App.3d 440 (1973)

106 Cal. Rptr. 353

NORTHCUTT LUMBER CO., Plaintiff, Cross-defendant and Respondent, v. GOLDEEN'S PENINSULA, INC., Defendant, Cross-complainant and Appellant.

Court of Appeals of California, First District, Division Three.

February 7, 1973.

Attorney(s) appearing for the Case

COUNSEL

Lillick, McHose, Wheat, Adams & Charles, Robert R. Vayssie, Anthony P. David and E. Day Carman for Defendant, Cross-complainant and Appellant.

Smith, Shara & De Vries, Smith, Shara & Arnold and Quentin H. Smith for Plaintiff, Cross-defendant and Respondent.

OPINION

BROWN (H.C.), J.

This is an action involving a rental dispute on a lease of premises for the purpose of conducting a retail furniture store. The lease provided for a minimum monthly rental payment or a percentage of the gross sales, whichever was the higher. The lessor, Northcutt Lumber Company, that instituted the lawsuit, was awarded judgment for an additional sum under the percentage rental payment provisions of the lease...

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