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HARTIG DRUG CO. v. HARTIG

No. 98-481.

602 N.W.2d 794 (1999)

HARTIG DRUG COMPANY, Appellant, v. Kenneth HARTIG, Appellee. In the Estate of Kenneth F. Hartig, Deceased, Bob Smith, Executor.

Supreme Court of Iowa.

Rehearing Denied December 9, 1999.

Attorney(s) appearing for the Case

Brendan T. Quann and Davin C. Curtiss of O'Connor & Thomas, P.C., Dubuque, for appellant.

Mark J. Sullivan of Reynolds & Kenline, L.L.P., Dubuque, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, CADY, and ANDREASEN, JJ.

CADY, Justice.

This appeal requires us to determine whether the rent due from a retail business tenant under a percentage of "gross sales" lease includes the total sale of lottery tickets and postage stamps. We conclude the lease excludes total lottery and stamp sales, and reverse and remand the district court ruling.

I. Background Facts and Proceedings.

Hartig Drug Company is a third generation family business which owns and operates several retail...

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