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CMI FOOD SERVICE v. HATRIDGE LEASING

No. WD 48855.

890 S.W.2d 420 (1995)

CMI FOOD SERVICE, INC. and Marlowe King, Appellants, v. HATRIDGE LEASING, doing business as Missouri Zipps, Inc., doing business as Columbia Snapps, Inc., and doing business as Rally's, and Terry Hatridge and Laverne Hatridge, Respondents.

Missouri Court of Appeals, Western District.

January 17, 1995.

Attorney(s) appearing for the Case

Randall Brown Johnston, Columbia, for appellants.

Hallie H. Gibbs, Jefferson City, for respondents.

Before SPINDEN, P.J., and LOWENSTEIN and ELLIS, JJ.

SPINDEN, Presiding Judge.

CMI Food Service, Inc., leased land to Terry and LaVerne Hatridge for a "fast food" restaurant. The lease required the Hatridges to pay "either the minimum rent or percentage rent, whichever is greater." CMI contends that this provision was a mistake. The parties had agreed before signing the lease, CMI contends, that the rent would be a minimum rent plus a percentage of sales. CMI asked the trial court to reform the lease to conform...

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