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GARVEY CENTER, INC. v. FOOD SPECIALTIES, INC.

No. 47,197

214 Kan. 224 (1974)

519 P.2d 646

GARVEY CENTER, INC., Appellee, v. FOOD SPECIALTIES, INC., Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Terry G. Paup, of Regan, Sargent, Klenda, McGannon, Paup and Glickman, of Wichita, argued the cause, and Byron E. Anderson, of the same firm, was with him on the brief for the appellant.

Edmund R. Learned, of Learned, Craig and Foley, P.A., of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

The basic issue in this case is the proper interpretation of the rental provisions of a commercial lease.

The lease was dated December 28, 1970, and covered restaurant space in the Kiva shopping center in Wichita. The plaintiff Garvey Center, Inc., was lessor and defendant Food Specialties, Inc., was lessee. The rental provisions (which will be quoted) called basically for a minimum rent of $1,915...

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