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WASHINGTON NAT. CORP. v. SEARS, ROEBUCK

No. 1-384A63.

474 N.E.2d 116 (1985)

WASHINGTON NATIONAL CORPORATION, Plaintiff-Appellant, v. SEARS, ROEBUCK & Co., Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied March 27, 1985.

Transfer Denied May 28, 1985.

Attorney(s) appearing for the Case

John W. Van Buskirk, Patricia Seasor Bailey, Stark, Doninger, Mernitz & Smith, Indianapolis, Robert S. Ratcliffe, Terre Haute, for plaintiff-appellant.

Douglas J. Hill, Mark A. Sidebottom, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, Frederick T. Bauer, Bauer, Miller & Weber, Terre Haute, for defendant-appellee.

NEAL, Judge.

STATEMENT OF THE CASE

Plaintiff-appellant, Washington National Corporation (WNC), appeals from a negative judgment of the Vigo Superior Court in its action against defendant-appellee, Sears, Roebuck & Co. (Sears), for unpaid rent computed on Sears' gross sales according to its percentage rent lease.

We affirm.

STATEMENT OF THE FACTS

On June 7, 1968 Sears entered into a "Shopping Center Lease" (lease) with Honey...

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