MARSH REALTY CO. v. 2420 ROSWELL AVE.

No. 8726SC1244.

369 S.E.2d 113 (1988)

MARSH REALTY COMPANY v. 2420 ROSWELL AVENUE.

Court of Appeals of North Carolina.

June 21, 1988.


Attorney(s) appearing for the Case

Smith, Helms, Mulliss & Moore, by Rolly L. Chambers, Charlotte, for plaintiff-appellee.

Ruff, Bond, Cobb, Wade & McNair by Moses Luski, Charlotte, for defendant-appellant.


ARNOLD, Judge.

Defendant contends that the trial court improperly interpreted the lease and erred in granting plaintiff's motion for summary judgment. We agree.

The provision of the lease governing rental payments attempts to provide a formula for determining rent for years twenty through seventy-five of the lease. Under the formula, the percentage increase in the Cost-of-Living Index is to be applied to the "base rental period" in order to determine rent...

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