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NEVILLE v. HENNIGH

No. 47,239

214 Kan. 681 (1974)

522 P.2d 443

EDWARD T. NEVILLE and RITA ANN NEVILLE, Appellees, v. W.H. HENNIGH and BERNICE HENNIGH, F.E. ROBERTS and PAULA ROBERTS, L.C. GAWTHROP and CAROL GAWTHROP, Appellants.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Edgar Wm. Dwire, of Malone and Dwire, of Wichita, argued the cause and was on the brief for the appellants.

Clark R. Nelson, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Robert H. Nelson, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This is an action to recover unpaid rentals under a 15 year commercial building lease due at the rate of $857.47 per month plus unpaid taxes.

Said lease was entered into by the parties in 1965. The lease provided for a fixed annual rental of $3,200.00 payable in equal monthly installments plus an additional annual rental equal to 12% of the amount expended...

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