HENRY S. MILLER, ETC. v. BOBBY McGEES, ETC.

No. 19933.

582 S.W.2d 566 (1979)

HENRY S. MILLER REALTY TRUST, Appellant, v. BOBBY McGEES CONGLOMERATION OF DALLAS, INC., Harry Pappas and Robert F. Sikora, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 16, 1979.


Attorney(s) appearing for the Case

Glenn A. Portman, Johnson, Bromberg, Leeds & Riggs, Dallas, for appellant.

David K. Meyercord, Strasburger & Price, Dallas, for appellees.

Before GUITTARD, C. J., and STOREY and HUMPHREYS, JJ.


GUITTARD, Chief Justice.

The lessor in a commercial lease brought this action against the lessee for a declaratory judgment construing a lease providing for monthly rentals based on a percentage of "gross sales." The case was submitted on stipulations of fact to the trial judge, who held that the percentage rental should be computed after first deducting the mixed-beverage tax paid by a sublessee operating under a permit to sell mixed alcoholic beverages. The lessor...

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